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New York No-Fault Divorce Lawyer

Filing for Divorce without Stating Grounds

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 lawyer 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.

Call Our NYC Divorce Lawyers for Your No-Fault Divorce

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 divorce attorney if you are interested in pursuing this option.

What Our Clients Are Saying

  • “I am extremely satisfied with the representation Eiges & Orgel provided me in my divorce case”

    Valeria

  • “Eiges & Orgel is a good Law firm to use during these times.”

    Milwood H.

  • “They worked extremely hard and took extra steps to fight for me.”

    Parrish

  • “Mr. Eiges is very a patient and a very knowledgeable attorney.”

    Cheung

  • “My advise to anyone in a desperate situation , call this lawyer as soon as you can, you will be very glad you did...”

    Former Client

  • “The BEST Attorney any client would hope for”

    Raymond

  • “Mr. Eiges made every effort to keep my legal costs low.”

    Anie

  • “Mr Eiges will help you finish the case as fast as possible and will try his best to stay with in budget.”

    Yossi

  • “If all divorce attorneys had the spirit of Kenneth "Ken" Eiges, cases would not drag on.”

    Femi

  • “I received my settlement and separation agreement in 30 days after I filed for divorce!”

    E. Temple

  • “Ken told me where I would be at the end of the process - and he was right.”

    Kim

  • “Above all I am very appreciative that for all the work he did and how he helped me through my divorce. I genuinely felt he and his office cared for me and my children.”

    Jen

  • “Thanks to Ken, I was able to keep my home, my business, and make sure my children would be taken care of through college.”

    Former Client

  • “I am so grateful to Eiges & Eiges for taking my case & doing a par excellent job.”

    Andrea

  • “The tremendous impact Scott and his team on my life is something I will always be grateful for.”

    Former Client

You Want Us On Your Side

Experience is Critical. We've Handled Thousands of Cases Over the Years and We're Ready to Help You.
  1. More Than 40 Years of Experience
  2. Four Attorneys Named to Super Lawyers
  3. Resolved Over 3,000 Divorce Cases
  4. AV® Rated by Martindale- Hubbell®
  5. AVVO Ranked Superb & "Clients' Choice" Winner
  6. Media Appearances On CNN & People
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