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What It Takes To Get Divorced In New York

Last updated on July 16, 2024

Although marriage is easy to enter into, getting out of it through a divorce is nearly always challenging. New York was the last state in the U.S. to make no-fault divorce an option. So the question is no longer why you are getting a divorce but rather how you will resolve the issues that divorce entails. With no-fault divorce as an option, you can keep personal matters private, but you need answers to questions such as:

To protect your rights and safeguard your family’s future, work with an experienced, qualified family law attorney. The Law Firm of Poppe & Associates, PLLC, in Manhattan, has earned the respect of many people. Turn to this firm without hesitation. You will soon realize why past clients appreciate what founder and managing partner Kamelia “Mia” Poppe, Esq., and her team have to offer.

About The Grounds For Divorce Before And After 2010

Until 2010, the grounds for divorce in New York were as follows:

  • Cruel and inhuman treatment
  • Abandonment for a continuous period of one year or more
  • Imprisonment for more than three years subsequent to the marriage
  • Adultery
  • Conversion of a separation judgment
  • Conversion of a written and acknowledged separation agreement after living separately and apart for more than one year

In October of 2010, the following additional ground for divorce was added, effectively making no-fault divorce legal in New York:

  • Irretrievable breakdown

For irretrievable breakdown grounds to apply, the relationship between you and your spouse has to have broken down irretrievably for at least six months. Once the terms of your divorce are documented, a judge can sign your final divorce decree without the need for a trial.

Filing For Fault- Or No-Fault-Based Divorce In Today’s New York

Since 2010, people getting divorced in New York have not been required to tell judges that their spouse was at fault, but there may still be reasons to do so in some cases. Work with a highly experienced divorce attorney to determine an advantageous way forward.

For a detailed discussion of no-fault divorce, see New York’s Domestic Relations Law, Section 170(7). Better yet, ask attorney Kamelia “Mia” Poppe, Esq., to explain the basics to you in person. An assertion of the irretrievable breakdown of the marriage does not need to have fault as a justification.

Whether you are going through a fault- or no-fault-based divorce, you still need to know whether your divorce will be contested or uncontested. Either way, it is important to have an experienced attorney on your side. At Poppe & Associates, you will find a divorce attorney with extensive experience in all varieties of divorce.

Contested Versus Uncontested Divorce And Challenges Involved In Either Type

Divorce is a major adjustment, but it can also signal a hopeful turning point in your life after a troubled marriage. If child custody and support will be part of your divorce, there are many highly consequential points to consider.

Emotionally, the divorce process can be draining as your mind and body adjust to a new reality. Financially, going from one household to two usually means that one or both of you will likely experience a downward change in what you can afford in terms of housing and other expenditures.

If you and your spouse agree on how you will divide your property and other elements of your divorce, you can prepare and sign a petition that you present to a family court. This route appeals to many people, but they often forget to take all the essentials into account.

As you grapple with questions such as how to divide retirement accounts or whether spousal support is appropriate, you may realize that your divorce is, in fact, a contested divorce. Through mediation or detailed negotiations, you can still keep personal family matters private until you are ready to submit a mutually agreed-upon divorce petition.

Offering Divorce Guides For Women, Especially

Getting divorced is one of life’s most impactful turning points for most people who have lived through it. Knowing what to expect and how to improve the outcome for you and your children can alleviate some of the pressure and fear that you may feel.

At The Law Firm of Poppe & Associates, PLLC, keeping people informed and empowered is a fundamental value. Below are links to books or guides that Mia has published to help empower women going through a divorce.

A Video Guide, A Women’s Guide, A Blog And Webpages On Specific Topics

To understand the basic components and processes of a divorce, see The Anatomy of a Divorce, a collection of video guides available through this website. For a discussion of topics especially of interest to women going through a divorce, see The Empowered Woman’s Guide. (Free or $9.99 on Kindle, depending on your membership status).

Revisit this page from time to time to see if more guides have been posted. Also, see the blog attached to this website and review webpages on this site for information on specific elements of a New York divorce, such as high-asset property division and considerations in a high-profile divorce.

Turn To Poppe & Associates For Divorce Counsel

At Poppe & Associates, Mia is available to get you on the road to a divorce that will meet your needs. Your new beginning can start now.

To schedule a free consultation, call 646-665-3903 or send an email inquiry for a timely response from Kamelia “Mia” Poppe, Esq., an experienced and respected New York City divorce attorney.