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More Articles from Tag Archives: no fault

In my last blog post, I shared briefly with you about a presentation I recently gave to inspire attorneys to think outside the box, to consider the totality of the circumstances affecting couples going through divorce.  I presented a series of tough questions that couples face when divorcing and I was about to share the [...]

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How does mediation work?  What can I expect?  Questions I typically hear from clients who come in to my office and want to find out whether mediation really can work for them and their family.  Can divorce really be amicable?  Can they really end their marriage without the lawyers or judges telling them what they [...]

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  Some people are under the mistaken impression that now that New York allows couples to file for no fault divorce, that is the only ground (or reason) for divorce.  However, that simply is not the case.  New York State did not “erase” the grounds that we had before no fault and replace them.  Instead, [...]

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 In October, 2010, New York State became the last state in the country to recognize no-fault divorce.  This means that a spouse can seek the dissolution of the marriage based upon the “irretrievable breakdown in the marriage”.   So long as the economic issues are resolved by the parties or determined by the court, the marriage [...]

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If my spouse committed adultery, do I get a larger portion of marital assets? In other words, if one spouse is to blame for the reason for divorce, will the “good” spouse be rewarded in court through a more favorable distribution of assets settlement? It would seem good reason that if there was misconduct on [...]

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As you probably already have heard, New York State finally joined the other 49 states and has enacted a No Fault Divorce statute allowing couples who want to divorce, but who didn’t previously have a “reason” to now part ways without having to accuse their spouse of wrongdoing. However, this new statute came with some [...]

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Yesterday, Governor Paterson signed the bill into law – so couples no longer have to prove that they have the right to end their marriage.  Instead, effective October 14, 2010 the courts must grant a divorce where either spouse states under oath that for at least 6 months there was an “irretrievable breakdown in the [...]

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