Prior to 2010, divorcing couples in New York were not able to get a no-fault divorce. Couples looking to divorce in the state had to indicate to the courts that they had officially separated or had to offer proof that their spouse acted in a manner that led to the marriage’s end.
The New York governor changed this law when he approved a no-fault divorce bill. For those considering divorce, there are several factors they need to keep in mind.
A qualified Queens family lawyer will have knowledge regarding the best way to proceed with your divorce, but it will be to your benefit to know what constitutes grounds for divorce in New York in the first place. At Elliot Green Law Offices, we specialize in representing people who are getting divorced, and we handle all aspects of the separation including asset division and child custody.
To find out how we can assist you, call us today at 718-260-8668. We are available 24 hours per day, and we are ready to provide you with expert advice. Read on for more information regarding divorce in New York.
New York No-Fault Divorce
Couples in New York can now file for a no-fault divorce, according to WomensLaws.org. In order to obtain a no-fault divorce, one of the spouses must lodge an official statement that the marriage is broken beyond repair. The marriage must have been in that state for a minimum of six months.
The court will only grant a divorce along these lines once the married couple shows that they have taken care of all divorce issues. This includes child custody and support, asset division and spousal support. The divorcing couple can provide proof that they have handled the issues via a divorce settlement document or court order.
Fault Grounds Still Apply
Even though New York law makes allowances for no-fault divorces, if you are considering a divorce you can still do so via traditional fault grounds. According to LawNY.org, you can claim that your spouse is treating you in a manner that makes living together unsafe, that your spouse abandoned you for one year or more, that your spouse has been in jail for three consecutive years following the marriage or that he or she committed adultery.
The spouse who requests a divorce based on these grounds will need to prove the claims to a judge. Under certain circumstances, you will need to investigate your spouse and produce credible proof, particularly when you claim he or she has strayed from the marriage.
Fault divorces are usually more complicated than no-fault divorces, and you could benefit from consulting an expert who can determine which route is the best to follow under your specific circumstances. At Elliot Green Law Offices, we know that divorce is a stressful and difficult process, but we have the experience and knowledge to make it as pain-free as possible.
Call us today at 718-260-8668, and a Staten Island divorce attorney can meet with you to guide you through the process. Regardless of your family law concerns, we can help you avoid making mistakes that could compromise your interests.
