Syracuse No-Fault Divorce Lawyer
New York used to be one of the few remaining states where you had to prove why your marriage failed and now need a divorce. However, effective October 12, 2010, a long-awaited no-fault divorce law, known as Domestic Relations Law §170, now makes it easier to divorce because you no longer need to assert and prove any of the traditional grounds for divorce.
At the Darwish Law Offices, P.C., located in Syracuse, New York, we keep up-to-date as the laws change and we are ready to help you dissolve your marriage by exercising this new no-fault divorce option if it applies to your situation. To learn more about the new no-fault divorce alternative and how we can help you, contact us today to schedule a free initial consultation.
Under this new legislation, you can now state that your marriage has suffered an "irretrievable breakdown" as a "no-fault ground" for divorce. Although the term "irretrievably broken" is not defined in the statute, in many other states this often means the parties have "irreconcilable differences," and that the relationship has come to an end without a desire or chance at reconciliation.
If you find yourself in this situation, we can draft the required sworn statement that the marriage has suffered an irretrievable breakdown for a period of at least six months before you filed for divorce. This time period can also be used as the period of separation required under New York law.
It is important to note that a no-fault divorce does not prevent one party from contesting the divorce and saying that the marriage is not irretrievably broken. In this situation, the court will have to make a determination. Additionally, to have a no-fault divorce granted and a divorce decree issued by the courts, all of the following issues must be resolved:
While the new no-fault divorce option is good news for many couples who want to avoid the time, cost and emotions of proving "fault" sometimes this is not an option and grounds can help you negotiate certain aspects of your divorce agreement. Before you proceed with any marital dissolution, talk to our skilled Syracuse divorce lawyer Diane E. Darwish about your specific situation.
Contact our Syracuse office to schedule a free consultation today with a New York divorce law attorney. We are here to find the best way to help you achieve a new beginning.