Brooklyn, NY – Every state in the U.S. allows a type of divorce where at one spouse can simply say that they are unhappy and end the marriage, regardless of the feelings of the other spouse. This is called no fault divorce and it is usually the most convenient way for people to separate in most situations.
Surprisingly, New York was actually the last state in the country to adopt no fault divorce laws. Their state laws that set the conditions for divorce were changed in 2010. This is a beneficial option for couples that plan to separate within the state, as traditional fault based grounds were more difficult to prove and caused both spouses to spend more time in court and more money on legal fees.
There are a few general divorce principles that will affect all couples to varying degrees. It can be helpful for anyone serious about a divorce to discuss these issues with their attorney as early as possible when a divorce is imminent.
The definition of no fault
According to the Legal Information Institute, a no fault divorce is one where a spouse can end a marriage without accusing the other of wrongdoing. The filing party can merely state that the couple does not get along anymore. In prior fault based systems, the filing party had to prove that the other spouse violated at least one fault based ground like adultery, mental incapacity, or abandonment.
Auxiliary issues during a separation
While no fault divorces are convenient, there are other aspects of a divorce that can still be time consuming and challenging. Divorcing couples may have issues with property division, child support payments, alimony payments, or a prenuptial agreement if one exists.
There are some possibilities, such as a divorce settlement or binding mediation with a divorce professional, that can expedite this process. Family law professionals and the court systems have come up with these solutions to save time. The more points that a couple can agree upon, even if the agreement is negotiated with the help of a third party, the quicker the divorce and related issues will be resolved. In the opposite situation, a contested divorce is when there are a number of issues that the couple cannot agree upon. These disagreements will need to be litigated individually through court hearings, which is usually more time consuming and expensive.
Speak with a professional who focuses on divorces
People in the Brooklyn area who are preparing for a separation and any other related family law issues should get legal help from an experienced firm. Elliot Green Law Offices is available to provide more detailed advice about New York’s divorce laws and procedures.
Firm contact information:
32 Court Street, Suite 404, Brooklyn, NY, 11201