New York Divorce Lawyer – Grounds for Divorce
New No-Fault Divorce Laws in New York
Effective October 12, 2010, the long-awaited no-fault divorce law became a reality, making it much easier to divorce than previously.
Domestic Relations Law §170 was amended to add “irretrievable breakdown” as a “no-fault ground” for divorce. It allows a husband or wife to be granted a divorce if the spouse filing for divorce makes a sworn statement that the marriage has irretrievably broken down for a period of six months before the couple filed a divorce action (the period of separation). The new “no-fault” divorce law has not changed the fact that a party seeking to rely on this ground, must still satisfy New York’s residence requirements.
The term “irretrievably broken” is not defined in the statute. The consensus seems to be that it means when the parties have “irreconcilable differences,” have become “incompatible” or are simply unable, or refuse to continue to live together. In other words, when the marriage relationship has come to an end and there is no reasonable prospect of the parties becoming reconciled.
This new ground allows couples to legally dissolve their marriages without declaring one spouse at fault for committing marital misconduct. It avoids the timely, costly, emotionally taxing and often incendiary requirement of showing “fault.”
This new statute does not, however, prevent one party from contesting the divorce by saying that the marriage is not irretrievably broken. In that case, the court would have to make a determination.
The new no-fault divorce law does make it clear though that no judgment of divorce can be granted unless the issues of divorce have been resolved: equitable distribution of marital property (the economic issues), the payment or waiver of spousal support, the payment of child support, the payment of counsel and expert fees, and custody and visitation of children from the marriage.
Fault in Divorce
The “no-fault” ground is not a substitute for the “fault” grounds that previously existed for New York divorce. A party seeking divorce may still bring a case forward based upon “fault grounds,” which are:
- Adultery
- Cruel and inhuman treatment
- Physical or constructive abandonment for one or more years
- Conversion of a separation agreement
- Imprisonment for three or more years
Additional Changes to New York Divorce Law
In addition to the new no-fault divorce legislation, three new laws were enacted that are applicable to divorce and child support proceedings. These are:
- A new formula for determining temporary maintenance (alimony) while a divorce action is pending
- New standard for reviewing and modifying child support awards
- The creation of a presumption that attorney fees should be granted to the less-monied spouse during the divorce.
Talk to a New York Divorce Lawyer So You Understand the Grounds for Divorce
While the new no-fault divorce option is good news for many couples, it may not be a benefit in your case. Before you proceed with any divorce action, talk to a Manhattan divorce proceedings lawyer about your specific situation. At the Midtown Manhattan law firm of Myburgh Law, P.C., I can explain how this new law can help your case, or whether there are good reasons to bring your divorce forward on the grounds of fault.
Contact my New York City law office to schedule a consultation with a New York divorce law attorney. Call 646-380-0130.
