Fault & No-Fault Divorce

Filing for Fault and No-Fault Based Divorce | New York City

As of 2010, divorcing couples in New York can now seek a no-fault divorce in addition to a fault based divorce. In general terms, a fault based divorce is when one party is inherently blaming the other for causing the demise of the marriage. A no-fault based divorce occurs when one party swears in his or her papers or upon judicial inquest that the marriage has been irretrievably broken for a period of six months or more. For more information see New York’s Domestic Relations Law, section 170(7). Any suggestion of blame is absent from the grounds asserted, the irretrievable breakdown of the marriage.

Whether you are going through a fault or no-fault based divorce, it is important to have an experienced attorney on your side. At the The Law Firm of Poppe & Associates, PLLC, we have extensive experience handling divorces for clients throughout New York City. We can help you pursue the best possible outcome in your Fault/No-Fault Divorce.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York City divorce attorney.

Grounds for Divorce in New York

Until 2010, the grounds for divorce in New York were as follows:

• Cruel and inhuman treatment
• Abandonment for a continuous period of one year or more
• Imprisonment for more than three years subsequent to the marriage
• Adultery
• Conversion of a separation judgment
• Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year

In October of 2010, the following additional ground for divorce was added, effectively making no-fault divorce legal in New York:

• Irretrievable breakdown

For irretrievable breakdown ground to apply, the relationship between you and your spouse has to have broken down irretrievably for at least six months.

Remember that in order for your divorce to become final, even if it is a no-fault divorce, you must come to agreement with your divorcing spouse on property division, child custody, child support and other legal matters. Once this has been achieved, a judge can sign your final divorce decree.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York City divorce attorney.

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“My experience with my divorce before meeting Mia and her firm was terrible. I didn’t have representation and having Mia and Jill were like life savers, they came in at the time when I was ready to give up. The day that I met Mia in court, my whole life changed. She brought me to reality and told me not to give up. She fought for me and made sure my rights were protected, getting me more than I ever expected.”

– Lissie

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