When New York’s Divorce Reform Act of 2010 went into effect, it ended our state’s holdout as the last to approve no-fault divorce. A divorce will now be granted by the Court if a spouse files a divorce action and alleges an irretrievable breakdown of the marriage for a period of at least six (6) months. The Divorce Reform Act of 2010 makes it easier to obtain a divorce, as a party suing for divorce no longer has to prove adultery, abandonment, or cruel & inhuman treatment.
However, there are still many complicated issues that must be addressed and resolved before the Court will grant a divorce. Specifically, the following issues must be resolved:
- Custody of minor children and each parent’s visitation rights
- Child support
- Spousal support
- Property division
- Allocation of debt
- Division of retirement accounts
- Payment of attorney’s fees and expert fees
The above issues can be voluntarily resolved by the Parties via oral stipulation or a written Settlement Agreement. If the Parties are unable to voluntarily resolve the above issues, the Court will hold a trial and then decide the issues based upon the evidence presented. Most matrimonial cases are resolved through settlement; however, there is a small percentage of cases that proceed to trial. Consequently, it is imperative that your attorney is skilled in both the art of settlement negotiations and trial technique.
Daniel J. Schuller is an experienced matrimonial and family law attorney, who has been recognized as a Super Lawyer’s Rising Star in these areas of practice each and every year since 2017. If you require representation for your matrimonial or family law case, please contact us at (716) 204-1055.