Suffolk County No-Fault Divorce Attorney

No-Fault Divorce: A New Option in New York

Signed into New York state law in 2010, no-fault divorce refers to any divorce that does not require proof of wrongdoing or other fault for divorce. Prior to no-fault divorce, one spouse had to accept responsibility or fault for the failed marriage.

Known as a cause of action, appropriate grounds for divorce included adultery, cruel and inhuman treatment and abandonment or constructive abandonment for at least one year. In light of the recent law, spouses are now able to file for divorce without the need to assign official blame to one party. If you are planning to begin no-fault divorce proceedings, speaking with an attorney may be in your best interest. We serve clients throughout Suffolk County. 

Want to learn more about no-fault divorces? Contact our no-fault divorce attorney in Suffolk County by calling (631) 629-6874 today!

No-Fault Divorce Attorneys in Suffolk County

The introduction of no-fault divorce in New York is a faster, more efficient divorce that results in less stress, and lower court costs or legal fees. Additionally, spouses who seek to part ways no longer have to create a reason to divorce as justification can now reside in the desire to end the relationship after a period of six months where the relationship has broken down and cannot be repaired. This recent change in state law can ease the burden of all parties involved and seeks to minimize the amount of conflict and cost that can be suffered in contested cases.

While no-fault divorce is easier than a contested divorce, having the services of a trusted attorney continues to be important. You need to ensure your rights are protected both now and into the future. Kuhn & Sandler, PLLC, Attorneys at Law can help guide you through the legal aspects of a divorce and will work to make sure you understand your rights and responsibilities throughout the entire process. Our firm knows how the system works and can provide you with the trusted legal counsel you deserve.

Can You File for a No-Fault Divorce if You Have Children?

Yes, you can file for a no-fault divorce in Suffolk County even if you have children. The presence of children does not prevent you from seeking a no-fault divorce, but it does add layers of complexity to the process that must be carefully addressed. In a no-fault divorce, neither party is required to prove fault or wrongdoing by the other spouse. The grounds for divorce are typically based on "irreconcilable differences" or the marriage being "irretrievably broken," which means the marriage has reached a point where reconciliation is not possible.

When children are involved, the divorce process must include considerations for child custody, visitation, and support. These issues must be resolved either through mutual agreement or court intervention. In Suffolk County, the courts prioritize the best interests of the children when making decisions related to custody and support. This means that both parents must work together to create a parenting plan that outlines the custody arrangement, visitation schedule, and financial support for the children.

It is important to note that while the divorce itself can be filed on a no-fault basis, the court's decisions regarding custody, support, and visitation are based on the specific circumstances of the case. The court will consider factors such as the child's age, health, emotional needs, and the parents' ability to provide a stable and supportive environment. The goal is to ensure that the child's well-being is protected throughout the divorce process.

We understand that navigating a no-fault divorce with children can be challenging. Our Suffolk County no-fault divorce lawyer is here to guide you through the process.

Can a No-Fault Divorce Be Granted if One Spouse Doesn’t Want It?

A no-fault divorce can be granted even if one spouse does not want the divorce. The essence of a no-fault divorce is that one spouse can initiate the divorce process without having to prove any wrongdoing by the other spouse. As long as one spouse believes that the marriage cannot be repaired, they can file for a no-fault divorce.

Even if the other spouse does not agree with the divorce or wishes to remain married, they cannot prevent the divorce from being granted. However, while they cannot contest the divorce itself, they can contest other aspects of the divorce, such as property division, spousal support, child custody, and visitation. This can lead to a contested divorce, which may require court intervention to resolve these issues.

It is important to note that the unwilling spouse's refusal to participate in the divorce process does not stop the divorce from proceeding. If the spouse who wants the divorce follows the proper legal procedures, the court can grant the divorce even in the absence of the other spouse's cooperation. This underscores the importance of seeking legal advice if you find yourself in this situation.

Our Suffolk County no-fault divorce attorney has extensive experience handling divorce cases, including cases where one spouse is reluctant or uncooperative. We are committed to ensuring that your rights are protected throughout the divorce process and that you can move forward with your life as smoothly as possible. If you have concerns about filing for a no-fault divorce or need guidance on how to proceed, we are here to help.