Q How Is A No Fault Divorce Different Than Divorce Before 2010
A. No Fault changes the focus of the divorce. Before No Fault was enacted into law, a spouse who wished to divorce was required to claim grounds for divorce, such as adultery, cruel and inhuman treatment, abandonment, imprisonment of their spouse for three or more years, or that they had entered into an agreement for a period of one year and had lived apart in accordance with the terms of the agreement. If the other spouse wanted to prevent or delay the divorce, his or her lawyer could challenge the grounds set forth by the person seeking the divorce. Once that happened, the judge to whom the case was assigned was required to hold a trial to determine whether or not there was a lawful reason for the divorce. Unless the spouse could prove grounds, the Court could not grant a divorce, no matter how unhappy or utterly miserable they were.
Is Ny A No
Yes, New York is a no-fault divorce state. This has been the case since 2010 and was the last state in the country to embrace this type of divorce. This is different from all of the other grounds for divorce, which require that the party prove the ground for divorce before a final determination will be made on all of the other economic and custody issues of the marriage.
When Can I File For Divorce In New York
This depends on the ground upon which you are basing your divorce action upon. For example, if you are basing your divorce action on abandonment, you must show that your spouse has abandoned you for one or more years. If you rely upon the imprisonment ground, you must show that your spouse has been imprisoned for the last 3 years or more.
With respect to the grounds of living separate and apart pursuant to a decree or judgment of separation, or pursuant to a written separation agreement of the parties, you must wait at least one year from the date of the decree or judgment, or the date the written separation agreement was signed by the husband and wife before filing a divorce action.
Finally, with respect to the No-Fault law in New York, one party needs to swear under oath that the marriage has been irretrievably broken for at last six months.
Other than this, you can file a divorce action at any time, subject to some time limitations that apply to certain grounds for divorce.
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Why You Should Call The Law Office Of Elliot Green
Whether you are seeking a no-fault divorce or believe you have grounds for a fault-based divorce, ending a marriage is a complicated legal process. In a no-fault divorce, you must be able to negotiate all the terms of the divorce and the court must approve any settlement agreement. A fault-based divorce requires navigating the legal system, and there are numerous documents to be filed and deadlines that must be met. In either case, it is essential to engage the services of a trustworthy divorce attorney.
At the Law Office of Elliot Green, we have extensive experience handling no-fault and fault-based divorce cases. Our guiding principle is to put the best interest of our clients first by guiding them through the divorce process so that they can move on with their lives. If you are considering a divorce, call our office today to set up consultation or complete the contact form on our website.
The Law Office of Elliot Green Serves Clients in Brooklyn, Queens, Staten Island and throughout the greater New York City area.
How Does My Spouse’s Bad Behavior During The Marriage Impact The Divorce Action
If your spouse’s bad behavior fits the grounds for divorce , you can file for divorce on those grounds. It is not necessary, since New York has adopted âirretrievable breakdownâ as a standard, but it might give you some feeling of vindication. If your spouse’s bad behavior was financial, leading to a dissipation of your common assets, the court could decide to award you a greater share of your marital property during the equitable distribution process. Bad behavior of a spouse that indicates poor parenting skills can also impact child custody disputes.
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Finalizing Your New York Divorce
In an uncontested divorce, once the defendant is served, he/she may respond in any of the ways mentioned below:
The defendant files his/her answer with the supreme court and also serves the plaintiff, which means that the divorce becomes a contested one.
The defendant signs the Affidavit of Defendant form, which means that he/she agrees to all the terms of the divorce and you can move the next step i.e. calendaring.
The defendant doesnt respond, which means that he/she has defaulted and you move to the next step of calendaring.
Child Support In New York
There are several factors that impact how child support is determined in New York. Specific child support guidelines in state statutes are used to determine exact amounts, unless there are reasons to support that the amount would be unjust or inappropriate. Those reasons may include:
- the financial resources of the child and the parents
- the standard of living the child would have enjoyed if the marriage had not been dissolved
- the physical and emotional health of the child and any special needs or aptitudes of the child
- the financial resources, needs, and obligations of both the noncustodial and the custodial parent
- the tax consequences to each parent
- the non-monetary contributions that the parents will make towards the care and well-being of the child
- the educational needs of either parent
- whether one parents income is substantially less than the other parent
- the needs of other children of the non-custodial parent
- if the child does not receive public aid, any extraordinary expenses required for the non-custodial parent to exercise visitation rights
- and any other relevant factors.
In addition to paying monthly child support, both parents will be responsible for other expenses such as healthcare, childcare, education and other related expenses that may not take place every month. Courts can adjust state formulas up or down depending on these costs or if the state formula will impact the non-custodial parents income too much.
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Bifurcation Of Marital Status
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized.
Bifurcation of marital status is generally not granted in New York except for compelling reasons. Part of the reason bifurcation is frowned upon is that it can result in two trials instead of one and it also removes any sense of urgency in resolving economic issues because incentives for settlements are removed. Couples must consider that they will have to pay court costs and attorneys fees for two trials instead of one when considering a bifurcation action.
New York’s Residency Requirement For Divorce
In order to file for divorce in New York, you must meet one of the following residency requirements:
- either you or your spouse has been living in New York for at least two continuous years immediately before filing the divorce papers
- the cause of your divorce happened in New York, and both you and your spouse are currently living in the state, or
- you or your spouse has been living in New York for at least one continuous year just before the filing date and you got married in the state, you lived there as a married couple, or the cause of your divorce happened in New York.
New York courts have found that for the purpose of these residency requirements, the “cause” of your divorce refers to specific actions , not the breakdown of your marriage. Patty P. v. Jason P., 106 N.Y.S.3d 765 .)
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Q If You Choose A No Fault Divorce Does This Mean You Do Not Have To Go To Court
A. Not necessarily. As I said, if you and your attorneys cannot resolve the important issues, you may have to let a judge decide. While it is far better for all concerned if an agreement can be reached without going to court, the reality is that sometimes court is unavoidable. That is why you should choose a matrimonial trial attorney who has a record of success in the courtroom. You do not want to go to court without an experienced trial attorney whose practice is focused on matrimonial and family law matters.
New York Child Support
The child support is calculated on basis of the combined income of both the parents. The child support continues until the child turns 21 years old. The court will consider various factors such as the financial resources of each parent, health needs or any special needs of the child, standard of living that the child is accustomed to before determining the child support. One of the parents may be ordered by the court to pay for the medical, educational and health insurance expenses of the child. If you require any help while enforcing a court order for child support, you can contact the Child Support Enforcement, New York Division.
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Grounds For Divorce In Brooklyn New York
Although New York has recognized no-fault divorce since 2010, there are also a number of fault-based grounds for divorce, or valid reasons for ending a marriage. If you are considering a divorce, an experienced attorney can help you understand the grounds for divorce and also protect your rights.
The Law Office of Elliot Green represents clients in all aspects of divorce in the greater New York City area. We have extensive experience in both contested and uncontested divorce cases and have a proven track record of achieving favorable outcomes for our clients. Knowing that going through a divorce is a difficult experience, we offer each client knowledge, compassion and a superior level of personal service.
What Is The Difference Between Divorce And Separation
There are several distinctions between divorce and separation.
First, legal separation may be a court-mandated step of the divorce process, with some states requiring that potential divorcees spend some time living apart in a form of legal separation before proceeding to formal divorce.
Outside of this requirement, legal separation is reversible, while divorce is not. Once you have been declared divorced from a former spouse, there is no going back. Legally separated spouses retain the right to inherit property as well, and may not remarry .
What Are Alternatives to Divorce?
Depending on your circumstances, you may have other options for ending your marriage besides a divorce. Many states offer legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support. This option doesn’t legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.
An annulment, on the other hand, has the same legal effect as a divorce but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry.
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How Can I Hire An Attorney To Represent Me If My Spouse Controls All Of Our Money
New York law recognizes that you are entitled to a fair share of your marital property during the divorce process the court should not allow your controlling spouse to have an unfair advantage. C& L has leveled the playing field in numerous cases,most notably obtaining an order for temporary spousal support in excess of $30k per month plus legal fees.
Do I Really Need To Hire A New York Divorce Attorney
While you have no obligation to hire an attorney in any case, do you really want to go forward in a divorce without an experienced attorney? Unless you are a brain surgeon, you would not perform brain surgery on a loved one, would you? No. Instead, you would leave it up to the trained professional who has been through the process before.
Although you may not like the idea of having to hire and pay for an attorney, doing so may be the best decision you make. An experienced attorney will make sure to protect your rights and make sure that you are not taken advantage of by your spouse and/or her/his attorney.
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Does New York Recognize No
Yes. New York recognizes “no fault” divorce as a grounds for a divorce. In a no-fault divorce, neither spouse has to claim in the divorce papers or prove that the other spouse is at fault to end their marriage. Filing for a no-fault uncontested divorce is the easiest, fastest, cheapest and most stress-free type of divorce. Nowadays, it is the most common type of divorce. LetsGetDivorced specializes in, and can only be used for, no-fault uncontested divorces.
Divorce Based On Legal Separation
A married couple may also seek a divorce if they have been legally separated. Before filing for or divorce, the couple must either have filed a valid separation agreement or one spouse must have obtained a court-ordered judicial separation. Additionally, before a divorce is granted, the couple must have lived part for a period of one year after the separation agreement is in place or the court order has been issued. The spouse seeking the divorce must also show that he or she has fulfilled all of the terms and conditions of the separation agreement. Because a separation agreement must be approved by the court, it is crucial to have a capable divorce attorney prepare the agreement.
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Contact Our Experienced Nassau County Firm
The Pollack Law Firm, P.C., rated Nassau Countys BEST divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: 938-3330.
What Are Fault Grounds
Once you file for divorce and the court has established jurisdiction over your case, you will be presented with the option of filing a fault-based, or a no-fault divorce. Oftentimes, when spouses feel they have been wronged, they wish to let the court know. There are various fault grounds you may cite, including abandonment, adultery, and more. Of course, though committing an act of adultery is certainly a valid reason for you to want to divorce your spouse. However, in most cases, our firm will inform you that citing adultery or another fault ground is generally not your best option.
Citing fault grounds gives your spouse an opportunity to respond to your accusations, which all too often drastically lengthens the duration of your divorce, increases the hostility surrounding your divorce, and, ultimately, has little to no impact on the outcome of your divorce. That is why, in states where no-fault divorces are available, most spouses will choose that option instead.
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How Do I Prove Fault For Divorce In New York
This is too involved of a question to answer briefly here. This is something that you would need to speak with an attorney about, and it will be based upon the fault ground that you would like to rely upon. However, with respect to the No-Fault law in New York, there is no need to prove fault.
Rather, one party merely needs to swear under oath that there has been an irretrievable breakdown of the marriage for at least six months.
Child Custody In New York
Most states, including New York, follow guidelines laid out in the Uniform Child Custody Jurisdiction and Enforcement Act. As part of the divorce process, a Custody Order will be issued that will dictate the responsibility for a childs care. The order defines two types of custody in New York: legal custody and physical custody.
Legal custody means that a parent has the right to make important decisions about how the child is raised and cared for, including religious upbringing, medical care and other similar issues. A judge may choose to grant joint legal custody and when this happens both parents make these kinds of decisions for the child together. If the judge grants sole legal custody to one parent, then that parent is the only one responsible for making important life decisions for the child.
Physical custody defines which parent the child lives with. It is also known as residential custody and dictates who is responsible for the day-to-day physical care and supervision of a child. A judge may choose to grant joint physical custody in which case the child will live with each parent an equal amount of time. In cases where sole physical custody is granted, the child will live with one parent a majority of the time and the other parent will be grant visitation rights.
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How Do I Serve The Divorce Complaint On My Spouse How Long Do I Have To Wait To Receive My Divorce
The divorce complaint must be personally served upon your spouse by a person, other than yourself, who is at least 18 years of age. How long you will need to wait for a divorce again depends on the complexity of your situation, the number of issues that need to be resolved in the divorce, how amicably you and your spouse can be with each other, etc.
There are too many factors that come into play to give a more specific and precise answer than this.