Getting a No-Fault Divorce
If you are seeking divorce in New York State, you may be interested in getting a no-fault divorce. Divorces in general can be a very stressful and overwhelming process, and you will need the help of an experienced divorce attorney. Here is some important information about getting a no-fault divorce.
Getting a No-Fault Divorce | No-Fault Divorce in New York State
Historically, in New York State, we had only fault grounds for divorce. That, of course, resulted in substantial litigation, which had more to do with the financial issues of the two parties rather than the fault grounds for divorce. Several years ago, the New York State Legislature modified the divorce statutes to include a no-fault basis for divorce. That basis requires that only one spouse swear under oath that their marriage has irretrievably broken down, and that it has broken down for a period of six months or longer. A spouse who wants a divorce in New York State can now obtain a divorce without litigating that issue and without their spouse being able to prevent the divorce for some other reason.
Getting a No-Fault Divorce | Divorce Settlement Timeline
How long it takes to obtain a judgment of divorce depends upon the case. Our general time frames indicate that a high-conflict case—in which ever issue is litigated, obtaining documents is difficult, or one party throws financial equity roadblocks in the way—can take a year or longer. On the other hand, a case involving relatively discrete issues that are concrete and easily ascertained can be completed in six months or less.
New York’s Office of Court Administration attempts to impose time frames for completion of cases. Non-complex cases are expected to be completed in six months or less, while complex cases take longer. When more time is needed, the court system and the judges are fairly understanding about what needs to be done and why. A no-fault divorce may result in a quicker settlement, depending on the specifics of each case.
If you are interested in getting a no-fault divorce, please contact our dedicated Saratoga no-fault divorce attorneys today.