Understanding No-Fault Divorce in New York

The Difference Between Fault-Based & No-Fault Divorce

In October of 2010, New York became the last of the 50 states to enact legislation allowing for no-fault divorce. Prior to this change, divorce could only be granted based on one of the following six causes:

  • Adultery
  • Abandonment
  • Cruel and inhuman treatment, including domestic violence
  • Imprisonment for three or more years
  • Living apart for one year as per a separation agreement
  • Living apart for one year as per a judgment of separation

With these new changes, spouses can now end their marriage without citing specific grounds or admitting to any instances of wrongdoing, and without having to wait for the one-year separation period. In a no-fault divorce, a spouse need only testify that the marriage has been “irretrievably broken” for no less than six months.

This new provision means that couples no longer have to endure court battles over who is to blame when a marriage doesn’t work. The option for no-fault divorces can potentially make it easier for couples to reach an amicable resolution without having to look for blame. To learn more about no-fault divorce, contact our firm today.


At Wisselman & Associates, we have the experience to guide you through the no-fault divorce process. Contact our Long Island divorce lawyers today to request your FREE, no-risk consultation!


Navigating the Recent Changes to Spousal Maintenance Issues

In addition to the new no-fault divorce law were changes to resolving maintenance issues. Maintenance, also referred to as alimony or spousal maintenance, refers to payments made by one spouse to another in order to maintain the standard of living established during the marriage. Working with these recent changes, and the complex financial and/or child custody issues that can arise, requires the help of an experienced divorce attorney in Long Island.

Need Help with Your No-Fault Divorce? Call for a Free Review!

Divorce can be an emotionally trying time in your life. With so many details to work out, especially when children are involved, the divorce process can be overwhelming without having an experienced lawyer on your side. Fortunately, you can turn to Wisselman & Associates for the compassionate support you need. We are a distinguished group of Long Island divorce attorneys with more than 150 years of combined experience.

One of our skilled no-fault divorce lawyers can help you through the divorce process while working tirelessly to resolve issues and help avoid costly litigation. Our firm is dedicated to protecting you both legally and financially. We believe in the importance of open and honest communication, and we are always available to update you on the status of your case and answer any questions you may have.

Contact a Long Island divorce lawyer from Wisselman & Associates today for help with your no-fault divorce. Your initial consultation is free when you call our office at (516) 406-8500.