Looking at No-Fault Divorce
Until August of 2010, couples who sought a divorce in the state of New York could only do so on the basis of specific criteria. If their divorce did not fall into the specific criteria, then couples would have to essentially file for divorce based on "false grounds." In order for the divorce proceedings to move forward, at least one of the parties had to claim one of the following grounds for divorce whether it applied or not:
- Cruel and inhuman treatment;
- Abandonment for more than one straight year;
- Imprisonment for longer than three years after the marriage began;
- Adultery;
- Conversion of a separation judgment; and
- Conversion of a separation agreement after living apart from more than one year
Irretrievable Breakdown = No Fault Divorce
Finally, on August 15, 2010, Governor Paterson signed into law no-fault divorce in New York State. Prior to 2010, couples who wanted to file for divorce could only do so on the aforementioned grounds. Now, couples who do not fall into the above categories can file for divorce on the ground of irretrievable breakdown. The law goes on to say that the relationship between husband and wife must have been irretrievably broken for a minimum of six months. To learn about your legal rights in a divorce, you should speak with a qualified Suffolk County divorce attorney today.
Even when couples mutually agree on getting a divorce, it does not mean that their divorce will ultimately be an uncontested divorce. As in any divorce, especially those involving children, specific issues must be fully addressed such as
child custody, child visitation,
child support,
equitable distribution of property,
spousal support or maintenance, and any relevant
counsel fees before the divorce can be finalized.
Highly-Educated and Passionate Legal Advocate
The Law Offices of Lynn Poster-Zimmerman, PC, is a divorce and family law firm serving the residents of Suffolk County. Attorney Lynn Poster-Zimmerman is well versed in all aspects of family law including no-fault divorce,
adoption, equitable distribution,
fathers' rights, spousal support and much more. When you are going through this difficult time in your life, it is absolutely essential that you retain the services of an attorney who is not only successful in their practice, but one who is dedicated to helping you achieve your goals in your divorce proceedings. Before you take any actions or make any moves that could damage the outcome of your divorce, you are strongly urged to contact the firm to obtain competent and sound advice as how you should proceed forward.