No-fault divorces in New York are becoming more widely used. In these types of divorces, spouses do not need to prove one or more grounds for divorce. Instead, one spouse needs to allege that the marriage is irretrievably broken to begin the process of a no-fault divorce in New York.
If you are considering a Syracuse no-fault divorce, or your spouse has filed for a no-fault divorce, you have the right to a skilled attorney. Contact our experienced divorce attorneys at CDH Law PLLC today for an initial consultation.
Requirements for a No-Fault Divorce in New York
New York became the last state to allow for a no-fault divorce in 2010. New York permits a no-fault divorce when the marriage “irretrievably broke down” for at least six months before the initiation of the divorce. When a couple decides to seek a no-fault divorce, one spouse will need to swear that the marriage irretrievably broke down.
The Benefits of an Uncontested Divorce in New York
Seeking an uncontested divorce in New York comes with many benefits. When both spouses agree on all of the significant issues, there is no need to go through a complicated and challenging divorce trial. For many New Yorkers seeking a divorce, not having to air any dirty laundry in a public hearing is hugely appealing.
Instead of a long, drawn-out trial, the spouse who petitioned for a divorce will submit all of the required documents to the court. The judge will review all of the papers, and will sign the Judgment of Divorce if he or she approves. Once the judge signs the Judgment of Divorce, the spouse who petitioned for divorce will need to file it in the County Clerk’s Office and serve a copy on the ex-spouse.
Residency Requirements in New York
Couples seeking a no-fault divorce must satisfy the residency requirements of New York’s divorce law. New York’s divorce law requires that either:
- one or both spouses have lived in New York for two consecutive years before filing, or
- one or both spouses must have lived in New York for at least one year, and additionally the couple:
- got married in New York
- lived in New York as a married couple, or
- the grounds for the divorce occurred in New York.
Fault-Based Divorce vs. No-Fault Divorce in New York
Since 2010, New York has allowed no-fault divorce. New York still allows for a fault-based divorce, however. New York law recognizes several different grounds for a fault-based divorce, including the following:
- Cruel and inhuman treatment making it unsafe for the spouses to live together
- Imprisonment for three or more years after the marriage
- Abandonment for a continuous period of at least one year
- Living apart for one or more years after a court issues a judgment of separation
- Living apart for one or more years according to a separation agreement
No-Fault Uncontested Divorce in New York
A no-fault divorce can be either a contested divorce or an uncontested divorce. In an uncontested divorce, the spouses agree to get divorced and agree on the essential issues involved in the divorce. A spouse can file for an uncontested divorce in New York when both spouses agree to the following:
- To get divorced
- The grounds of the divorce
- How to divide up the marital debt and the marital property
- Which spouse will get custody of the children as well as visitation
- Whether or not a spouse will pay child support to the other spouse
- The amount of child support
An uncontested divorce can also happen when one spouse fails to appear in court. Uncontested divorce also occurs when one spouse serves another spouse with a Summons and Complaint, and the spouse fails to appear in court at the scheduled time. Even if the spouse intended to contest the divorce, if he or she doesn’t make an appearance, the judge has the authority to enter a Judgement of Divorce.
No-Fault Contested Divorce in New York
When the spouses cannot agree on the division of property and child support issues, they will need a judge to step in and make a decision. When a judge needs to decide on the matters involved in the divorce, the divorce becomes a contested divorce. At CDH Law PLLC, our legal team has experience filing the necessary paperwork to resolve child custody and support issues as well as issues involving the division of property.
Contact Our Syracuse No-Fault Divorce Lawyers Today
At CDH Law PLLC, our legal team works hard to help our clients finalize their uncontested no-fault divorces as quickly as possible. When issues come up, we know how to negotiate the situation on behalf of our clients. Whether you are seeking an uncontested no-fault divorce or a contested no-fault divorce, we are here to help.
Our law firm will assist you in coming to an agreement with your spouse on the crucial issues. We will also make sure that you correctly fill out all of the no-fault divorce paperwork. When you hire CDH Law PLLC, we will assist you in filing all of the required paperwork promptly. Contact our law firm today to schedule your free initial consultation.