No-Fault Divorce in New York
New York allows two types of divorce: at-fault and no-fault. The four grounds for at-fault divorce are abandonment, adultery, cruel and inhuman treatment, and imprisonment, and these remained the sole grounds for divorce for decades in the state of New York. In 2010, no-fault divorce was added to the roster, allowing New Yorkers from Plattsburgh to Poughkeepsie to divorce without being required to prove any sort of infidelity, absence, or abuse. If you are considering divorce, check out divorce attorney Jean Mahserjian’s review of no-fault divorce in New York in the video below.
Historically, in New York State, there were only four grounds for divorce. This, of course, resulted in substantial litigation, which was not usually about the false grounds for divorce. We litigated because the parties would not agree on financial issues, and they leveraged those issues by litigating for grounds. Several years ago, the New York State Legislature modified our divorce statute, and we now have a no-fault basis for divorce. That basis requires that only one spouse swear under oath that her or his marriage has irreversibly broken down, and that it has been broken down for a period of six months or longer. A spouse who wants to divorce in New York State can now obtain a divorce without litigating that issue and without the other spouse being able to prevent the divorce for some other reason.
If you or a loved one is considering a no-fault divorce in New York, contact attorney Jean Mahserjian for caring advocacy.
Attorney Jean Mahserjian has maintained her capital region law firm for over 20 years. The practice encompasses all areas of family and matrimonial law, an online uncontested divorce service and various areas of estate planning. Whether we’re assisting you with a family law issue or helping you plan for your family’s future with our estate planning practice, our goal is to fully educate you on your options and help you make the best decisions possible.