New York No-Fault Divorce

Aug 01, 2023

If you are considering getting a divorce in New York, you may be wondering about the no-fault divorce process. In this blog post, we will discuss what no-fault divorce is, how it works, and what you need to do to get one.

What is No-Fault Divorce?

A No-Fault Divorce means neither party is legally required to prove that the other spouse did something wrong leading to the end of their marriage. The statement that the relationship has irretrievably broken is enough.

This means that if you are married in New York and you want a divorce, you do not have to prove that your spouse cheated on you, abused you, or abandoned you. You simply need to file a petition for divorce and state that your marriage is irretrievably broken.

According to a report from New York Daily News, since the implementation of No-Fault Divorce law in New York in 2010, there’s been a notable decrease in contested divorces. This implies that couples are finding it easier to mutually agree on settlements and move on with their lives.

How Does No-Fault Divorce Work?

The no-fault divorce process in New York is relatively simple. Once you file a petition for divorce, the court will set a date for a hearing. At the hearing, the judge will review your petition and make sure that you meet the requirements for a no-fault divorce. If you do, the judge will grant your divorce.

In addition to granting the divorce, the judge will also make decisions about child custody, child support, alimony, and the division of property. These decisions are made based on the best interests of the children and the spouses.

What Do You Need to Do to Get a No-Fault Divorce in New York?

To get a no-fault divorce in New York, you will need to:

  • File a petition for divorce with the court.
  • Serve the petition on your spouse.
  • Attend a hearing with the judge.
  • Reach an agreement with your spouse on child custody, child support, alimony, and the division of property.
  • If you cannot reach an agreement, the judge will make these decisions for you.

Embracing a New Chapter

Opting for a divorce is never a straightforward decision, but when it becomes inevitable, it’s imperative to opt for a path that minimizes complications. New York’s No-Fault Divorce law serves as a testament to the state’s progressive approach towards simplifying legal procedures.

If you, or someone you know, is on this bridge, looking for legal counsel in Brooklyn, Levitsky Law Firm stands ready to guide. With experienced family attorneys in Brooklyn, they ensure your rights are protected and the process remains hassle-free.

Ready to move forward? Let Levitsky Law Firm be your trusted partner in this journey.