No-Fault Divorce in New York State

Posted By Michael Rubenfeld || 7-Nov-2011

In 2010, New York State became the last state in the Untied States to allow no-fault divorce by enacting Section 170(7) of the New York State Domestic Relations Law.

Pursuant to Section 170(7) of the New York State Domestic Relations Law, effective October 12, 2010, a no-fault judgment of divorce may be granted when the relationship between the husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.

We have found as Long Island divorce attorneys that the no-fault divorce statute has enabled people to obtain a divorce with far less conflict thereby reducing the costs and stress of the divorce process. The parties in a divorce action in New York State are no longer required to fabricate grounds for divorce or to place blame on their spouse, which often created unnecessary conflict between the parties. Most people involved in the divorce process just want to move on with their lives. Since the enactment of the no-fault divorce statute, we have resolved many divorce actions based on no-fault grounds.

Although the new no-fault grounds for divorce have made the divorce process easier, the parties may still have to resolve other issues such as child custody, child support, spousal support, and property division.

If you are facing divorce it is important to retain competent legal representation to protect your rights. At the Rubenfeld Law Firm, we handle all divorce and family law matters.

Categories: Divorce