Hudson Valley Family Law Attorneys Provide Advice and Representation in New York No-Fault Divorce Matters
While some marriages end due to a major betrayal or abuse, many more end after years of slowly drifting apart. At the end of your marriage, you might not even have feelings of animosity toward your spouse; you simply know that the relationship has reached its end and it is time for you both to move on. No-fault divorce is a way to bring an end to your marriage without going through the sometimes painful and acrimonious process of proving one of New York State’s fault-based claims for divorce in court.
One of the most important steps when planning for a divorce is to find an attorney who can make the divorce process function as smoothly as possible. At Rusk, Wadlin, Heppner & Martuscello, LLP, our family law attorneys have been helping Hudson Valley couples reach amicable divorce settlements for generations. Contact us for a consultation so that we can help you obtain a no-fault divorce as expediently and amicably as possible.
No-fault divorce in New York
For decades, New York required all couples filing for divorce to prove that one spouse had committed some form of “fault,” as defined by the law. These included cruel and inhuman treatment, living separate and apart, and adultery. Fault-based divorces often involved ugly courtroom battles where couples had to divulge their most personal affairs before a judge. In 2010, New York became the last state in the country to allow couples to file for divorce on a no-fault basis. While fault-based divorces are still available to divorcing couples, they are now far less common.
Rather than proving that one spouse committed some “fault,” such as abandoning their spouse for a year or more or abusing their spouse, New York couples filing for divorce on a no-fault basis simply must attest under oath that their marriage has been irretrievably broken for a minimum of six months.
No-fault divorces may still involve conflict
No-fault divorces aren’t always amicable. While the filing spouse may not feel it necessary to prove that the divorce was caused by the other spouse committing a serious fault, there may still be substantial disagreement over issues surrounding the split. As a result, divorces filed on a no-fault basis may be contested or uncontested. If you and your spouse manage to reach a settlement agreement on your own, the divorce is considered uncontested. If you are unable to agree on issues such as the division of property or custody, then you may need to have a judge decide these issues in a trial, which makes the divorce contested. Contested divorces require legal representation that is seasoned and skillful, both at the negotiating table and in the courtroom. For decades, Rusk, Wadlin, Heppner & Martuscello, LLP’s Hudson Valley divorce attorneys have helped spouses obtain fair and equitable divorce settlements, and we can help you achieve a just result in your New York divorce.
Experienced Legal Representation for No-Fault Divorce in the Hudson Valley
For legal help with a custody dispute or contested no-fault New York divorce, contact the dedicated and compassionate Hudson Valley divorce attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP for a consultation, at 845-236-4411 (Marlboro), or 845-331-4100 (Kingston).