No-Fault Divorce in New York
Are you considering legal separation from your spouse and want to know more about no-fault divorce in New York? 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.
No-Fault Divorce in New York | Grounds
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.
No-Fault Divorce in New York | Uncontested 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.
Do you have questions about getting a divorce? Contact experienced Buffalo divorce lawyer Randy Gugino for guidance.