New York No Fault Divorce
New York was the last State in the Nation to adopt no-fault divorce. Learn how no-fault divorce makes it easier for you to get the divorce you deserve. On October 11, 2010 New York divorce law finally joined the rest of the United States when it began to allow no fault divorce. A no fault divorce simply means that you no longer have to prove that your spouse is at fault for the court to permit you to get divorced.
Prior to the no fault law, you would have to prove abandonment, sexual or constructive abandonment, cruel and inhuman treatment, adultery or imprisonment. These grounds were often very hard to prove and stood in the way of people obtaining the divorces they desired.
The old law encouraged parties to perjure themselves in their sworn documents that they submitted to the court. People would claim that their spouse's abandoned them when no such abandonment took place. Finally, the New York legislature woke up to the fact that the State should permit couples to divorce if their marriages were "irretrievably broken" for six months.
Now, as long as you state that your marriage has been irretrievably broken for six months you have provided sufficient grounds to get divorced. You can still use fault grounds to obtain the divorce, although the grounds are not supposed to affect the equitable distribution of property. In the real world, pleading cruel and inhuman treatment, adultery or another unpleasant ground may impact equitable distribution due to the finder of fact being swayed in one party's favor.
With that being said, no fault is usually the quickest and easiest way to dissolve your divorce. It also helps keep the matter amicable, in that you’re not pointing the finger in blame which often has disastrous results. To learn whether no fault divorce is right for you, call our office now.
ABOUT THE AUTHOR: Attorney David Centeno
David Centeno is a New York divorce lawyer that handles hundreds of uncontested and no fault divorces a year. He is the founder of The Law Office of David Centeno, PC located at 22 Cortlandt St., 16th Fl., New York, NY 10007. His firm helps clients across New York State obtain uncontested and no fault divorces without court intervention. Call today for your FREE consultation.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.