New York State is poised to pass legislation allowing for a no-fault claim as reason for divorce. New York is currently the only state that says one spouse must be at fault in order for a marriage to legally fail.

“In New York, a couple has two options to end their marriage: they must either allege fault against their partner, such as adultery or abandonment, or file for a separation and live apart for more than one year,” Bronx Assemblyman Jeff Dinowitz said in a statement announcing the almost-certain passage of the bill. “Neither option is ideal. A party then must either demonize his or her spouse in court to justify ending the marriage, or both parties may end up separating and maintaining two separate households for a year — thereby doubling the cost of living.”

The new legislation will allow for spouses to claim no-fault divorce after a six-month period in which it is clear that the marriage is irretrievable. No longer will spouses be forced to present detrimental cases against their spouse in court, a process which oftentimes turns ugly.

Nonetheless, no-fault divorce will only be granted after a court ruling on financial distribution of property, child support, custody and payment of counsel fees and expenses.

Previously, when spouses agreed on a divorce, the courts would issue a separation agreement and the couple would live apart for a year before divorce was granted. The new law will do away with the