New York City divorce lawyer Ryan Besinque (https://www.besinquelaw.com/do-you-have-to-be-separated-for-a-year-to-get-a-divorce-in-ny/) from The Law Office of Ryan Besinque has recently published a thorough and engaging article titled ‘Do You Have to Be Separated for a Year to Get a Divorce in NY?’. The piece delves into the intricacies of the New York divorce process, the evolution of divorce laws, and the necessity of separation periods within the state.
As the New York City divorce lawyer explains, the process of divorce in New York has traditionally been a lengthy and expensive endeavor. Previously, New York was a fault-based divorce state, meaning one spouse had to assign blame to the other based on specific grounds. The other alternatives were a separation agreement or judgment, both requiring a separation period of a year. This system often led to an increase in contentious litigation and subsequently, extensive New York City divorce lawyer fees.
"The fault-based system required one spouse to not only blame the other for the breakdown of the marriage, but they also had to prove it. This often made divorce more acrimonious, time-consuming, and expensive than necessary," the New York City divorce lawyer states.
However, as of October 2010, New York became the last state in the US to enact a no-fault divorce ground. This significant change in the law means marital partners may now seek a divorce if they allege that their relationship has been irretrievably broken for a period of at least six months.
The article proceeds to distinguish between contested and uncontested divorces and explains the principle of equitable distribution, the considerations for child custody and support, as well as spousal support. Besinque further clarifies that New York mandates residency requirements for filing for divorce, often necessitating that either partner must have resided in the state for a year before filing.
Highlighting the benefits of the no-fault divorce system, Besinque says, "If one spouse seeks a divorce alleging the marriage has been irretrievably broken for at least six months, there is no need for defense by the other partner. A divorce will be granted as long as all the other issues are resolved, such as child support, child custody, marital asset distribution, and spousal support."
In the case of a no-fault divorce, the couple is not required to be separated for a year, as required by some of the other fault-based grounds for divorce. This allows for a more expeditious and cost-effective process, reducing the acrimony usually associated with fault-based divorce.
Despite the clear advantages of no-fault divorces, Besinque points out that traditional fault-based divorces have not been eliminated and are still an option for some couples based on their specific circumstances.
For those contemplating divorce in New York City, a no-fault option may be worth considering. Individuals are encouraged to seek the guidance of a knowledgeable divorce attorney to better understand the grounds for divorce and the various options available.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a trusted legal firm in New York City. The team, led by Ryan Besinque, is committed to providing the highest quality of legal counsel in divorce and family law matters. They strive to help their clients navigate the complex legal landscape, ensuring a fair and appropriate outcome during a challenging period. Their dedication to transparency, compassion, and efficacy has earned them recognition as a reliable resource for individuals seeking legal help in New York City.
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