Obtaining a No Fault Divorce in NY

Obtaining a No Fault Divorce in NY

It is not my fault

There are many reasons for divorce, which can be considerations for filing your NY divorce. Before no-fault divorce was available, spouses seeking divorce would often allege false grounds for divorce. Whereas California was the first, New York was the last state to enact a no-fault divorce law.  That law, i.e., Domestic Relations Law 170(7) was passed in 2010. 

Irretrievable Breakdown

New York is a no-fault divorce state which will allow the filing of “marriage is irretrievably broken” as a reason so long as it has been broken for a minimum of six months. This reasoning tells the court that the marriage is broken beyond repair with no one at fault.

No-fault divorces like this are faster and more private than fault cases, as you don’t have to prove the fault of the marriage breakdown. This makes it an easier divorce case as well.  However, there is another component to the granting of a ‘no fault” divorce.  The parties, or the court (in the event a trial is required), must first resolve all economic property issues before granting the divorce.  Fass & Greenberg, LLP, divorce lawyers in Garden City, New York, can help you better understand this and other filing statuses. If you need a family law attorney in Nassau County, give us a call.

Moreover, this type of reason for divorce will not necessarily need the parties to be living apart from each other prior to filing as long as they can show that their marriage is no longer working and they’re not actively in a relationship. Some at-fault filings will need the parties to be separated or living apart at the time of the filing, but an irretrievably broken status can occur without physical or formal separation.

NY Divorce Residency Requirements

New York has specific residence requirements before a Court will assume jurisdiction.   An action for divorce, annul a marriage, to declare the nullity of a void marriage, or for separation, may only be maintained if one of the following requirements are met: 

  • The parties were married in the State and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year prior to filing an action; or
  • The parties have resided in the state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; or 
  • The cause occurred in the state and either party has been a resident thereof for a continuous period of at least a year immediately preceding the commencement of the action; or 
  • Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. 

Resolution of all Financial Issues

There are several issues that you’ll need before a NY divorce court will issue you a divorce, notwithstanding the ease with which the court dispenses with the fault requirement.  Both spouses will need to come to a mutual agreement on several factors before the judgment of divorce is issued. Some of these issues are:

  • Spousal support and maintenance – deciding what spouse gets support, if any, and if so, the appropriate level of support in accordance with prevailing guidelines. 
  • Marital property classification, i.e., whether an asset and or liability is classified as marital or separate, and subsequent distribution of each asset and or liability. 
  • Child custody arrangements and visitation – where the child will live, the level of input each parent has with respect to major decisions regarding the child’s health, education, and welfare, how often visitation will occur, and other aspects surrounding the child.
  • Child support and maintenance terms – how much is paid and how often it is received.
  • Attorney’s fees- in cases where there is a significant disparity in the parties’ incomes, there will often times be an agreement between the parties or a court directive that the monied spouse make a contribution towards the less monied spouse’s attorney’s fees. The extent of the contribution will depend upon the amount of the attorney’s fees in question, along with the amount the less monied spouse receives as a property distribution. 

If the parries are unable to decide any of these issues amongst themselves, then the court must step in and make that decision for them. It’s faster and smoother for the spouses to decide than to leave it to a judge.

These issues must be agreed upon and all agreements finalized before the proceedings are able to continue and before the official divorce is made.   It is almost always quicker and more cost effective for the parties to mediate all unresolved issues before going to trial. 

If your marriage is irretrievably broken, call Fass & Greenberg at 516-742-8111 to obtain the most practical and effective way to proceed with your divorce action.  

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