No Fault Divorce in New York State
Hillary carried New York and the center of Democratic power in the U.S. Senate is Chuck Schumer, helping perpetuate everyone's view that New York is a liberal state. While it is true the Empire State mostly is colored blue, it has a long history of being conservative on issues regarding marriage.
Although divorce is anything but trivial, a little-known fact is that New York was the last state in the union to allow no-fault divorce and still maintains a seldom enforced law against adultery (Penal Law § 255.17).
However belated, New York divorce law changed on August 15, 2010, when no-fault divorce became the law of the land. Prior to then, the State only recognized the divorce upon fault-based criteria.
The no-fault provisions can make divorce less costly, drawn out and harrowing than yesteryear. No longer do you have to sling mud at your spouse; a no-fault divorce can lower the temperature by eliminating the requirement of assigning blame in explaining why the marriage broke down.
In legalese terms, you can get a divorce when the relationship between husband and wife has broken down irretrievably for a period of at least six months (DRL §170.7) In common language, the marriage just isn’t working out.
Swearing under oath that the relationship has broken down irretrievably for at least six months is the easy part. But resolving all the economic issues of distribution of property, spousal support, child support, legal fees and expenses, and custody/visitation issues are best approached with the divorce lawyers at Noonan Brown Law.
If you and your spouse are in agreement about the terms of your divorce, Noonan Brown Law can effectuate a Divorce Settlement Agreement that will clarify the intentions of both parties in preparation for the remainder of the process, as well as detail the division of property, debts and assets.
Of course, these are hotbed issues that you may not be able to see eye-to-eye on, requiring court intervention if negotiations hit a dead end. When you and your spouse go head-to-head on these weighty matters, Brett Noonan and his team at Noonan Brown Law will provide fierce advocacy to protect your interests throughout Broome, Tioga, Chenango, and Chumung Counties.
Efficient and diplomatic, the divorce attorneys at Noonan Brown Law will help you move forward with renewed hope and meaning.
Brett Noonan, Esq. alongside Chris Brown, Esq.
Noonan Brown Law is a full service law firm that represents clients across a wide spectrum of troublesome legal issues throughout the Southern Tier. For informed advice and to explore your legal options, contact us today.
607 953 6367
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