In August 2010, New York has joined the other 49 states to include a no-fault basis for divorce. Amending Domestic Relations Law §170 to add irretrievable breakdown as a grounds for divorce, it is now possible to seek divorce when one spouse alleges that the marital relationship suffered an irretrievable breakdown for a period of at least six months, provided that the spouse so states while under oath.
It is expected that divorces may proceed more easily between spouses without the emotional angst of needing to prove grounds and the advantageous edge of holding back consent on the grounds issue.
Nonetheless, the law is complex and the guidance of a Nassau County divorce attorney is highly recommended. Attorney Jane Cristal will explain the implications of New York's divorce law.
As the statute is written, a party litigant will not be awarded a judgment of divorce until the legal issues of equitable distribution; spousal maintenance; child support; counsel fees and expert fees; custody and visitation of the unemancipated children have been resolved between the parties or by Court Order.
Grounds has been, historically, a complicated issue. Generally, during a preliminary consultation, the issue of grounds is analyzed so that effective strategies can be explored.
Despite the fact that the following grounds are enumerated in the statute, your Nassau County divorce attorney at Jane K. Cristal, P.C. can explain application of the law to your particular set of circumstances based on the case law and legal interpretation.
With the addition of irretrievable breakdown, however, some of these issues may have implications for your divorce: domestic violence, cruel treatment, adultery, or wasteful dissipation of assets.
At Jane K. Cristal, P.C., our team handles a broad range of legal matters related to divorce and the divorce process. You can turn to our firm for trusted guidance and counsel throughout the entire process.
Contact our firm today at (800) 817-5029 to set up a consultation.
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To be on the ready for any twist or turn in your matter;
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