The Facts about New York State No Fault Divorce
Governor David A. Paterson signed the New York state no fault divorce on October 12, 2010. It now makes it possible for couples all across the United States to file a divorce without the need to find fault from either of the spouses. New York was the last state to sign the No Fault Divorce Law in the US. The law is supposed to make divorce proceedings easier to handle for the families involved.
Prior to the enactment of the law, the first change to the grounds of divorce was passed in 1966. Since 1787, the only legal grounds for divorce was adultery.
Either of the spouses can file for a divorce provided that he can prove in court that the marriage has been “irrevocably broken” for at least six months. However, this is not the sole aspect for consideration in the judge’s decision. Couples should first resolve matters revolving around child custody and property distribution.
Judgment is granted by the court once the following issues are settled between both spouses or if not, by the court:
- equitable distribution of marital property;
- spousal support;
- child support; and
- Custody and visitation.
New York State no fault divorce is relatively less costly compared to a fault-based divorce proceedings. For one, it lessens the hourly rate you have to pay to your attorney for court appearance and counseling. You may also cut on the cost of legal research and documentation, as you would no longer need to find evidence of fault within the marriage to support your claim.
Another positive benefit is that with the no fault divorce, divorce proceedings become a lot faster, especially if it is an uncontested one. You and your children can now quickly get through the emotional burden of a broken family especially for a spouse who has been a victim of marital abuse.
On the other hand, spouses who are in a relationship that is simply broken no longer need to lie in court about the status of the marriage. You can now eliminate all the hatred and have the divorce peacefully.
Prior to the passing of the New York state no fault divorce, spouses usually opted to move out of the state and live in a city that will allow them to file no fault divorce for a certain period of time. Those were the ways and means for desperate couples resolve and end their marital issues. But now, migration caused by divorce is no longer the only option.
Find out more about No Fault Divorce or if your divorce is imminent, get in touch with reliable and experienced of the caliber of Brian Perskin Law Offices.
At the Law Offices of Brian D. Perskin, we have over forty years of combined experience in divorce and custody cases and use this to our clients’ advantage. Our firm also utilizes experts in various fields as needed, to assist with resolving issues of property and asset distribution
Our New York divorce attorneys handle cases throughout New York, Bronx, Brooklyn, Queens and Manhattan from our two office locations in New York, NY and Brooklyn, NY.