New York No-Fault Divorce
Starting the divorce process can be a daunting task, but Buffalo Divorce Lawyer Randy Gugino can help make this process less difficult. Here is some important information regarding New York no-fault divorce laws.
New York No-Fault Divorce | Divorce in New York State
In 2010, New York became the last state to recognize no-fault grounds for divorce. If you wish to file for divorce in New York, you may cite an irretrievable breakdown of marriage as your reason. That means that neither spouse has to make allegations – like abandonment, extreme cruelty, or adultery – against the other. This is good for many obvious reasons: it reduces the chance of acrimony between spouses, which reduces the time and cost of a divorce, and makes the process easier for any children involved. There are two grounds for a no-fault divorce in New York:
- An irreparable breakdown of the marriage for six months before filing.
- Living separately for one year before filing.
Some parties enter the divorce process hoping to punish their spouse, but the “fault” grounds for a divorce in New York, even if proved, won’t affect the division of assets, except in the most extreme situations. In other words, one spouse’s adultery won’t “cost” him or her anything in the terms of the divorce itself, but it will cost both parties incalculable sums in attorney’s fees.
New York No-Fault Divorce | Uncontested vs. Contested Divorce
Seeking to dissolve a marriage through no-fault grounds makes it easier for spouses to achieve an uncontested divorce in New York. In an uncontested divorce, spouses agree on issues like spousal maintenance, child custody, child support, and property division, and therefore do not require the assistance of the court to determine these issues. That leaves more control in the hands of the divorcing parties and avoids the expense of litigation.
Unfortunately, not all couples agree on how to handle child custody, spousal maintenance, child support, and property division issues. Spouses who cannot resolve these issues must rely on the court system. A contested divorce can last several weeks, or months, and in some cases a year or more.
No matter how amicable your relationship with your spouse is, it is in your best interests to seek the informed advice of an experienced attorney. If you have any questions regarding New York no-fault divorce, please contact our experienced Buffalo Divorce Lawyer today to schedule a free consultation.