Under the 2010 “no-fault divorce” law in New York, either spouse can obtain a divorce by swearing that the relationship between the spouses has broken down irretrievably for at least six months. Before this law’s implementation, a spouse was typically required to prove the other spouse’s “fault” to secure a divorce. This difficult requirement often allowed a spouse of a party who couldn’t prove fault to prevent a divorce or extract more in settlement than what the law would otherwise have allowed.
However, the no-fault divorce law only entitles a judge to grant a divorce after all other aspects of a case – including property division, custody, child support and spousal support – are resolved by either settlement or trial. Berman Bavero Frucco & Gouz p.c. provides skilled advocacy to protect our clients’ rights as the new no-fault law is interpreted by the courts and in all facets of a divorce through settlement or judgment after trial.
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