No-fault divorce

i-context-noFaultDivorceWhite Plains No-Fault Divorce Attorney

In 2010, the governor of New York signed into law no-fault divorce. Divorcing couples will no longer have to show fault when filing for divorce. The last state to recognize no-fault as a reason for divorce, New York has made it easier for many couples to get a divorce without having to prove their partner's fault.

At the offices of Grimes & Zimet in Chappaqua and New York City, we are committed to helping clients deal with their divorces and all related issues. Fluent in the language of the new divorce laws, we take the time to explain these to our clients and help them understand the impact that the new laws may have on their cases. Contact our firm today to schedule a consultation.

No-fault as grounds for divorce means that a couple does not have to prove any examples of misconduct or abuse in order to obtain a divorce. Before the new law was signed, couples who wanted a New York divorce without proving any type of fault had to show that they had been separated for at least one year before they were qualified to file. Under the new law, a couple is permitted to end their marriage if the relationship has broken down irretrievably for a period of at least six months.

Issues in No-Fault Divorces

A no-fault divorce will not be granted unless and until all the following issues are resolved: the equitable distribution of marital property; the payment or waiver of spousal support or maintenance; the payment of child support; issues regarding parenting time or access to the children of the marriage; and the payment of counsel and expert fees. Although the grounds for divorce may not be an issue, there are other critical factors that may surface prior to the granting of a judgment of divorce. Through collaboration, negotiation or litigation, if necessary, our attorneys can work toward a solution that preserves your rights and best interests, along with the best interests of any children of the marriage

Grounds for Divorce in New York

Though individuals may utilize the no-fault grounds for a divorce, they can still use the previously established fault grounds if appropriate, such as:

  • Cruel and inhuman treatment of a spouse;
  • Abandonment of a spouse for a period of one or more years;
  • Constructive abandonment of a spouse for a period of one or more years;
  • Confinement of a spouse in a prison for a period of three years or more consecutive years;
  • The commission of an act of adultery (mere allegations or an admission of cheating is not sufficient);
  • The husband and wife have lived separate and apart for one or more years pursuant to a written separation agreement; and
  • The relationship between the husband and wife has broken down irretrievably for a period of at least six months

Contact Our Chappaqua Divorce Attorneys Today, Serving Armonk, Mt. Kisco, White Plains and Bedford

If you have questions about a no-fault divorce or other family law issues, contact an experienced divorce lawyer at Grimes & Zimet today. From offices in Chappaqua and New York City, we serve clients in Westchester County and the surrounding areas.

Call Us for Experienced Legal Assistance
914-238-1377 - Chappaqua Office
646-247-6365 - New York City Office