Divorce

We are in a post pandemic world, with new technology and court backlogs having a lasting impact on legal process and procedures.

Now more than ever, it is critical to choose a family law firm that you can trust to deliver the best possible outcome. A firm that excels in the courtroom and at the negotiation table. A firm that offers a range of strategies to help you reach your goals. We are proud that Wisselman Harounian Family Law, established in 1976, is recognized each year as a top firm that delivers results and victories for our clients.

It is always recommended that you interview a few divorce attorneys before you hire one. Do your research. We encourage you to reach out to us today for a free consultation, so that we can show you why we are the right firm for your case.

Requirements for Divorce in New York

There are two basic types of divorce in New York: contested and uncontested. Generally speaking, uncontested divorce is less expensive and less time-consuming. In short, uncontested divorce applies to couples who mutually agree to divorce and share opinions on the terms of the divorce, such as alimony, child support, asset division, debt allocation, etc.

Residency Requirements – You must meet the residency requirements outlined in the New York Domestic Relations Law. In most cases, a couple meets this requirement because one or both parties in the divorce are a resident of New York and the couple married in the state. These same requirements apply to people who want to annul their marriage.

Grounds for Divorce – As of 2010, New York is a “no-fault divorce” state; however, you still need a reason for your divorce. This can include cruel treatment, abandonment, prison, adultery, separation, or an irretrievably broken relationship between the husband and wife, commonly called no-fault divorce. If one or more of these elements exists, you meet this requirement under Domestic Relations Law § 170.

No-Fault Divorce in New York

In October of 2010, New York became the last of the 50 states to enact legislation allowing for no-fault divorce. The Legislature did not repeal the existing grounds but instead added a no-fault ground for divorce. Prior to this change, divorce could only be granted based on one of the following six grounds for divorce in NY:

• Adultery
• Abandonment
• Cruel and inhuman treatment, including domestic violence
• Imprisonment for three or more years
• Living apart for one year as per a separation agreement
• Living apart for one year per a judgment of separation

What Does “No-Fault” Mean for Divorce?

In New York divorces today, spouses can now end their marriage without citing specific grounds or admitting to any instances of wrongdoing or having to wait for the one-year separation period. This is known as “no-fault divorce.”

New York No-Fault Divorce Requirements

In a no-fault divorce in NY, a spouse need only testify that the marriage has been “irretrievably broken.” New York Domestic Relations Law §170(7), the statute describing the new “no-fault” ground for divorce, now permits anyone to allege in their divorce complaint that”The relationship between husband and wife has broken down irretrievably for a period of at least six months.” This new provision means that couples no longer have to endure court battles over who is to blame when a marriage doesn’t work. The option for no-fault divorces can potentially make it easier for couples to reach an amicable resolution without having to look for blame. To learn more about no-fault divorce, contact our firm today.

Is No-Fault Divorce Bad?

In most cases, no! No-fault divorce is the preferred option for most couples, since it is not based on painful grounds like adultery or abuse, but rather due to an irretrievable breakdown of the marriage.

That being said, no-fault divorce can have its downsides. Most no-fault divorces are filed by one spouse who is unhappy, often leading to a contested divorce if the other spouse does not want the divorce. But in uncontested cases, no-fault divorce is often much simpler and is the “better” option.

“Irretrievable Breakdown” vs. “Irreconcilable Differences”

It may strike you immediately that the language conspicuously absent from our new statute—and the language you may have heard before—is “irreconcilable differences”. Instead, our statute uses the phrase “broken down irretrievably.” While there is no official definition of this vague language written by Albany legislators, the intent was likely to enable either party to allege that the marriage has been dead for a period of six or more months for whatever reason or, more importantly, for no reason.

Prior to no-fault divorce in NY, the law compelled people to exaggerate truths or tell untruths in order to get a divorce. Now, it is no longer necessary to air dirty laundry in Court to seek a divorce. Also, if someone wants a divorce and their spouse has not treated them badly, they don’t have to falsely allege otherwise. Divorce can simply be a choice by one or both spouses who desire to end their marriage, regardless of the reason why.

Changes to Spousal Maintenance Issues for No-Fault Divorce

In addition to the new no-fault divorce law were changes to resolving maintenance issues. Maintenance, also referred to as alimony or spousal maintenance, refers to payments made by one spouse to another in order to maintain the standard of living established during the marriage. Working with these recent changes, and the complex financial and/or child custody issues that can arise, requires the help of an experienced divorce attorney on Long Island.

Jewish Get & Divorce Considerations

In Jewish religious law, a Get is a divorce document. Without receiving this document, a husband and wife cannot effectively terminate their marriage. In short, the Get lifts the laws of adultery and returns certain legal rights held by the husband to the wife. Our Long Island divorce lawyers at Wisselman Harounian Family Law have significant experience helping clients with religious divorce matters, including Jewish Gets.

Wisselman Harounian Family Law is a Long Island matrimonial and family law firm, established nearly 50 years ago, dedicated to delivering the best possible outcome for our clients. Our top rated lawyers, results driven, compassionate and team approach are the reason our practice garners referrals from clients, business leaders, professional colleagues and judges.  Whether you need help with a prenup, divorce agreement or court appearance, we strive to redefine your expectations of what a family law firm can do for you. We will go the extra mile to help you move forward to your next chapter. 
We serve clients throughout Long Island and New York City. When you are a client of our firm, you gain access to a large team of lawyers who are at the top of their respective fields. Our top rated legal team has decades of experience as leaders in their practice areas, featuring in nationally recognized publications and media, leading local and state bar associations, and serving communities as arbitrators and mediators in local and state courts.