Help When You Need It Most

No-Fault Ground Makes Uncontested Divorce in NY Much Simpler

by Seth Azria on 12/26/2018

On August 16, 2010, New York State finally joined every other state in the nation by enacting a no-fault divorce law effective October 14, 2010. With this new law, a judge may grant a divorce when a marriage has been “irretrievably broken” for a period of more than 6 months as established by the sworn statement of only one party.

Previously, a husband or wife, faced with an uncooperative spouse, could only obtain a divorce in New York if he or she could prove fault-based grounds such as cruel and inhuman treatment, abandonment, or adultery. These restrictions no longer apply under the no-fault law.

The highlights of the New York no-fault law are:

  • A divorce may be granted when the relationship between a husband and wife “has broken down irretrievably for a period of at least six (6) months.”
  • In order to commence an action for divorce under the new no-fault law, the parties must have been married for at least six (6) months.
  • Proof that the marriage is “irretrievably broken” is supplied merely by one party stating so under oath (this statement is included in the Plaintiff’s affidavit).
  • The court may not grant a judgment of divorce, however, until all the economic issues of the divorce, and all issues involving any children, are resolved by the parties (through a stipulation or separation agreement) or determined by the court.
  • The new law became effective October 14, 2010.





LOADING

 

 

(315) 364-1155

Free Consultations

Call or Text Now

Speeding Ticket?

Hire your traffic lawyer online. Start Now





LOADING

Email Us Now for Help

Client Reviews

Excellent Attorney and Staff

Seth Azria and his team are the absolute BEST in the game. During the initial consultation Mr. Azria was very thorough in explaining the whole process and possible outcomes. The fees were VERY reasonable. The level of responsiveness was superb. Kudos to Monica as well!!!! - I appreciate all of your assistance. It’s never fun to get a ticket out of state. But thanks to this team, they turned a stressful incident into a quick, easy and painless situation. I would HIGHLY recommend this firm to anyone who is looking for an attorney in the area

Danielle posted to Avvo
Google+ Review

David Bruffett resolved Speeding Violation very smartely. I contacted Attorney David receiving a speeding ticket over 100mph in NY, being a NJ driver. David was very professional and very clear on how to handle the issue (had very high points ticket but thanks to David who turned a stressful incident into a quick, easy and painless situation). Within a few months the issue was resolved and we are entirely satisfied with the outcome. I must say that David's help, support and guidance was very professional as well! I highly recommend David, if you have any traffic speeding tickets in the NY state. I found his services remarkable. He delivered more then he promised. I guess that what makes any client happy.

Google+ Review

Azria & Bruffett Law Firm and Ralph Habib in particular did a great job handling my speeding ticket.

Kristoff Lievens posted to Google+





LOADING