No More Blame: New York’s No-Fault Divorce

Up until about a year ago, the only way you could end your marriage in New York was through accusations and proof that your spouse did something to violate the marriage, such as adultery, cruel or inhuman treatment, abandonment, or imprisonment. When still used today, a fault-based divorce often leads to long, acrimonious courtroom battles which only further escalate the bitterness and hostility between divorcing couples. Since the no-fault divorce law, enacted on August 15, 2010, couples no longer have to engage in legal warfare to dissolve their marriages in New York. This results in a much less costly divorce, both emotionally and financially.

A Less Hostile Way to End Your Marriage

According to the new no-fault divorce law, a couple can now obtain a divorce by mutual consent without fault-finding grounds. They merely have to assert that the relationship has broken down in an irretrievable manner for at least six months. Even though the grounds for the divorce are now less injurious, couples still must agree, however, on any ancillary issues, such as child custody, child support, division of marital property and debts, spousal support or maintenance, and who will pay the legal fees.

If all of these issues are agreed upon between the two parties, an uncontested divorce can be achieved. If they are not, a contested divorce will ensue in which these matters will have to be resolved, either through negotiation, mediation, or through the courts. Even when these issues are litigated, however, the whole procedure will take less time because of the removal of the fault requirement. Court litigation can concentrate on such matters as those involving children, finances, and economic matters.

Getting Highly-Qualified Legal Help with Your Divorce

Close to 50,000 divorces occurred in the state of New York in 2009. If you are considering a divorce in Long Island or the metropolitan New York City area, it is always smart to consult with a New York divorce attorney who can help you make informed decisions about all of the many aspects of divorce. Attorney Sari M. Friedman is a seasoned matrimonial and family lawyer with more than 25 years of experience helping clients with the often difficult and emotionally-charged process of divorce, divorce-related issues, and other family law matters. By consulting with her, you can get the answers you need about the specific facts and circumstances of your divorce. Her firm provides caring and skilled legal representation for divorce and all family law issues.