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Despite being generally considered a liberal state, New York has a history of being conservative on issues regarding marriage; it was the last state in the country to allow no-fault divorce and still maintains a (seldom enforced) law against adultery (Penal Law § 255.17).
Divorce laws have changed a great deal over the last few centuries. [10] Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule. [11] Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. [12]
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
Migratory divorce, where a couple would move together to a state with no-fault divorce laws, was common. In fact, these methods were so widespread that, to a lot of legal experts, ...
[23] New York expanded its statute in 1860, [20] with the Married Women's Earnings Act. [15] It then repealed parts of its legislation in 1862, eliminating a married woman's right to guardianship of her children and the right of a widow to manage her late husband's estate. [17] As of 1860, 14 states had passed some version of this statute. [24]
In populous New York State, where adultery was the easiest grounds for divorce, attorneys would provide a divorce package of a prostitute and a photographer. [13] Significant numbers of divorce seekers went to the cities on the Mexican side of the Mexico-U.S. border , or to Haiti , [ 14 ] where they found welcoming attorneys, who sometimes ...
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