In 20l0, New York became the last state in the United States to pass a “no-fault” divorce law and eliminate the need for one spouse to be found to be at fault in order to grant a Judgment of Divorce. This statute allows couples to terminate their marriages simply by stating under oath in a Supreme Court Action for Divorce that the relationship between the husband and wife has broken down irretrievably for a period of at least six months. The no-fault ground for divorce allows divorcing couples to avoid lengthy and expensive legal proceedings to prove fault that could exhaust the financial and emotional resources of each spouse.
While “no-fault” divorce is now permitted in New York State, no actual Judgment of Divorce may be granted on this ground unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses, as well as the custody and visitation with the children of the marriage have been resolved by the parties, or determined by the court and incorporated into the Judgment of Divorce.
The Albany divorce attorneys at Kahn and Richardson are able to advise you about your particular circumstances.