It is now almost one and one-half years since New York  changed to a no fault divorce system.  The latest statistics show that in that time, the divorce rate in Nassau and Suffolk Counties has increased between six and nine percent.  Contrary to popular belief, this is not a product of the law making it "easier " to get a divorce.

Under the no fault system, a divorce may be obtained  if a marriage has been "irretrievably" broken for six months or more.  However,  legal minds differ on whether or not this would still have to be proven when the divorce is being contested.  This major issue, as well as other issues with the law, are still pending and demonstrate how difficult the new "easier" law can be.

In fact, the increase Long Island has experienced in the divorce rate, is typical within the first couple of years in states adopting the no fault system and is expected to be short lived.  Apparently, divorce is still not easy under any system of law.  

Long Island Lawyer
Paul A. Lauto, Esq.

The Town of Smithtown recently settled a case after trial with a Shirley woman, who was injured in the lobby of the water district office.  The claimant was  cleaning the lobby, when an unsecured decorative fire hydrant fell on her left foot.  The claimant sustained multiple serious injuries and was out of work for an extended period of time.  

 The jury verdict held the Town of Smithtown 60% liable and the claimant 40% liable.  The case was subsequently settled for $50,000.  Pursuant to New York's comparative fault law, the value of a case is reduced proportionately based on claimant's share of liability.  Accordingly, had the claimant not been deemed contributorily negligent in the happening of the accident, her case would have had a value of approximately $83,333.  That is a reduction of over $33,000 that claimant would have likely received, if her case was at full value.

This settlement helps demonstrate that every case is unique and that to compare one case to another based upon the money received, is often a very innacurate comparison.

Long Island Lawyer
Paul A. Lauto, Esq.