no-fault divorce – by mutual consent
In October 2010, New York became the last of the 50 states to adopt a No-Fault Divorce law which many felt was way overdue.
Before October 2010, New York State still required grounds for divorce. Couples who wanted to get a divorce had to first sign a Legal Separation Agreement and wait a minimum of one year following the signing of the agreement, to file for divorce.
If a divorcing couple wanted to obtain a divorce before the completion of that full year, one spouse would have to invoke grounds against the other, such as accusing the other of abandonment or cruel and inhuman treatment. They often would have to negotiate as to which one of the two would “accuse” the other one and which of the grounds would be used to justify the request for a divorce. These negotiations created a longer, protracted, more expensive process, not to mention the added stress.
Since October 2010, spouses have been able to end their marriage and file for an Uncontested Divorce if:
- one spouse can say under oath that the relationship with the other spouse has been irretrievably broken down for a period of at least six months, and;
- the spouses have resolved together all financial issues regarding Equitable Distribution of their marital property, Spousal Support and in the cases where they have children, child support, custody and a Parenting Agreement.
Many couples facing divorce, as well as the professionals helping them get through the process, wholeheartedly welcomed the adoption of No-Fault Divorce in New York.
Compliance with mediated agreements is more frequent than with agreements reached through an adversarial process. Being the author of your agreements makes you both more apt to follow its terms, than if the decisions have been forced upon you by a divorce court.
If you have any questions or concerns about Mediation,
or would like to schedule a no fee mediation consultation,
please don’t hesitate to contact me today!
divorce and family mediator
Divorce & Family Mediation, Upper East Side of Manhattan, NYC, New York, NY