How Does New York No-Fault Divorce Law Relate to Contested Divorce?

In a contested divorce, couples have one or more disagreements about how to deal with child custody, child support, spousal support or marital property division. Contested issues can exist in both fault-based and no-fault divorces. A no-fault divorce is one that bases divorce grounds on the irretrievable breakdown of the marriage. A Brooklyn contested divorce attorney can discuss your divorce situation and help you decide on divorce grounds and the best approach to resolve divorce issues.

Until 2010, New York couples seeking a divorce did not have the option of a no-fault divorce, and had to either separate for a year or pursue divorce on fault grounds — such as adultery, abandonment, cruelty or imprisonment — which are grounds that hold the other spouse to blame for the marriage breakup. Then, in 2010, the New York legislature passed Domestic Relations Law (DRL) §170.7, which allowed couples to pursue divorce based on a no-fault basis, attesting to an irretrievable marriage breakdown that lasted for a minimum of six months. At least one spouse must attest under oath. The court cannot approve the divorce until the couple resolves all issues, including the following:

• Equitable distribution of marital property
• Payment or waiver of spousal support
• Child support payments
• Attorney fees payments
• Issues involving custody and visitation

When couples cannot reach resolutions, the court makes determinations for them and incorporates its decisions into the divorce judgment.

A Brooklyn contested divorce lawyer can answer your questions and help you deal with contested divorce issues.

Goldberg Sager & Associates have more than 50 years of combined experience that our attorneys bring to every case, helping you resolve matters in the most favorable way possible.