When you think of a divorce, the first thing that comes to mind is probably a lot of heavy emotions and bitter fighting. Not to mention a whole lot of dollar signs! At Beckerman & Granados, we have some good news for you.
Since October of 2010, New York became a “No Fault” State in our Domestic Relations Law. This means that we’ve joined the rest of the country in seeking a divorce without the need of the traditional and messy “grounds” previously required. Some states eliminated the “fault grounds” completely while others simply added the “no fault” grounds to the list. New York is one of those states where you still have the option to file under one of the traditional “Fault grounds.”
Be warned, although you have the ability to file under the traditional grounds, it may not be in your best interest to do so. The “grounds” for the divorce are simply the manner which we are asking the court to hear our case and grant the divorce. This means that if you decide to go with, for example DRL 170(4) Adultery, then you have created additional hurdles for your self and, if successful, will accomplish the same result as if you had filed under 170(7) “no fault” ground. This additional work means more time, money, and conflict.
All you need to file under the “no fault” ground is to swear in your papers that “there has been an irretrievable breakdown in the relationship for a period of at least six (6) months, prior to the commencement of the action.” DRL 170(7). With that language, the court now has the authority or “grounds” to grant you the divorce. There is one catch, before the divorce can be granted, you need to resolve all economic issues and any custody and child support issues as well. At Beckerman & Granados, we were trained at a firm that does over 400 divorces a year, most of which are uncontested so we know how to make sure your papers are done correctly the first time. Call us today! (516) 238 – 0863.