Tag Archives: no-fault divorce

Texting, Sexting & Divorce

In the electronic age, it is not just elected officials like Mr. Anthony Weiner who must be careful. Individuals going through divorce must be too. In the last three years there have been three major cases handled by Bryan L. Salamone & Associates, PC involving texting, sexting and the “cloud technologies”. As a general rule,… Read More »

Types of Divorce in New York

Although most divorcing couples are working towards the same goal — a dissolution of marriage that leaves both parties satisfied — there are multiple paths to arrive at this resolution. This list is intended to give you a better idea about the types of divorces that are available in New York: At-Fault. In this type… Read More »

No-Fault or Fault?

New York became the 50th — and final — state in the United States to allow no-fault divorce in 2010. As a result, couples in our state no longer need grounds or proof of a spouse’s wrongdoing to end their marriage. The only requirement is for one spouse to swear the marriage has been irretrievably… Read More »

Legal Controversies Concerning NY No-fault Divorce

In 2010, New York joined a host of other states that allow couples to obtain a divorce without assigning fault to either party. Recent changes to New York’s domestic relations law allow spouses to more easily obtain a divorce under the new grounds of irretrievable breakdown. This allows a court to grant a divorce simply… Read More »

Pros and Cons of the 2010 Changes to NY Divorce Law

In October 2010, no-fault divorce became an option for New York couples seeking divorce. As a result, a Judgment of Divorce can be granted if one party states under oath that the marriage is irretrievably broken down and that both parties reached agreement with respect to child support, spousal support, and other divorce issues. The… Read More »

A Look at Divorce Statistics in Long Island and NY State

In August, the U.S. Census Bureau released a detailed report[H1] on marital events from the 2009 American Community Survey (ACS). While the national divorce rate per thousand is 9.2 for men, and 9.7 for women, New York fell well below that average with a rate of 6.6 for men and 7.3 for women. Equally intriguing… Read More »

No-Fault vs. Grounds-Based Divorce in New York

In October 2010, New York adopted a no-fault divorce clause. The revised law[H1] dictates one partner must state under oath the marriage relationship has irretrievably broken down for at least six months. From that sworn oath flows settlement of issues like child custody, payment of support, and equitable distribution of marital property. The intent of… Read More »

Grounds for Divorce—No One’s Fault

On October 12, 2010, New York became the last state in the country to adopt a no-fault provision as grounds[H1] for ending a marriage. Domestic Relations Law §170(7) now allows for dissolution of marriage if one party swears under oath the marriage relationship has broken down irretrievably and if major issues such as support, child… Read More »