Getting a No-Fault Divorce

Divorce Lawyer in NYC

Until October 2010, it was impossible to get a divorce in New York without sufficient grounds for divorce. It was necessary to prove in court that you had been the victim of abandonment, adultery, or you had to document that you had been separated for at least a year before the court would grant a divorce. This led to the continuance of a large number of dysfunctional and unhappy marriages, but fortunately the state legislature has changed the law. Now it is possible to file for divorce simply by claiming that the marriage has been "irretrievably broken" for the past six months. This means that you can end your marriage far more easily and begin a new chapter of your life.

You don't have to continue in a loveless marriage. A New York divorce attorney can advise you of your options before filing for divorce and represent you through to the end of the settlement. With effective negotiation, your attorney can help you work out terms of spousal support, asset division and debt division that work for you and your former partner. If you have children, you can also get help finding agreements for child custody, visitation and child support. It is important to choose and attorney who will not back down from fighting in court against an uncooperative former spouse.

New York Domestic Relations Law § 170.7: No-Fault Divorce

New York was the last state to implement some form of no-fault divorce, which allows for the dissolution of a marriage without one party alleging fault. Though a divorce could also be granted after spouses lived separate and apart pursuant to a valid separation judgment or agreement, this was only possible after a 12-month time period. No-fault divorce opened the door for married couples to end their marriages without having to allege adultery, inhuman treatment or other wrongdoing – and without having to live under a separation agreement for a year.

The grounds for no-fault divorce are described in New York Domestic Relations Law § 170.7. According to this section, a divorce may be granted if the "relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath."

Although only one party need claim an irretrievable breakdown of the marriage under oath, all other matters pertaining to the divorce must be resolved, either through an agreement by the spouses or by the court and incorporated into the divorce judgment. These matters are:

  • Equitable distribution of property, debt and assets;
  • Child support (if necessary);
  • Spousal support;
  • Child custody and visitation (if necessary); and
  • Legal fees, including the payment of legal counsel and experts.

Working with a competent attorney may be crucial even in a no-fault divorce, as you will still need to resolve issues related to property, assets, custody and legal fees. These matters can become confusing and may be hotly contested, but with the right approach and an attorney to protect your interests, you can seek a resolution that will help you face a better and brighter future after your divorce is finalized.

New York No-Fault Divorce Attorney

The most important goal in any divorce is to ensure that the final settlement works in your favor. At Eiges & Orgel, PLLC, we work to achieve a level of satisfaction that will lead you to recommend others to our firm, and we will strive to meet your needs. Thanks to the availability of no-fault divorce, you can now take action to legally end your marriage, and we will do everything possible to achieve a swift, positive resolution.

Contact a New York no-fault divorce attorney if you are interested in pursuing this option.

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