In 2010, New York enacted its “No Fault” Divorce law. Here is what you need to know about New York’s “No Fault Divorce Law”.
Before the 2010 law was passed, in order to get a divorce, you needed to show that your spouse was “at fault”. This meant that you had to “prove” that your spouse did “something wrong” (this is also called “grounds for a divorce”). This sometimes meant that you could not get a divorce because you could not convince a Judge that there were “grounds” for your divorce.
With a “No Fault” divorce, you do not need to prove grounds, all you have to do is state you want a divorce and you will get a divorce. In other words, it does not matter “why” you want a divorce and you do not have to prove “grounds” or that someone was “at fault”. However, not so fast, before a court can grant a “no fault” divorce, you still have to resolve the following issues:
- distribution of marital property
- spousal support (a.k.a. alimony or maintenance)
- If applicable: child support, child custody and parenting time
- attorney’s fees
Since the law was passed, virtually every divorce is now a “no fault” divorce. Although, you have the right to state “grounds” in your divorce (for example, adultery or cruel and inhuman treatment), most Judges will want to resolve your divorce with the “no fault” divorce law.
The Badanes Law Office has offices in Northport, Suffolk County and in Uniondale, Nassau County.
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