No Fault Divorce

No Fault Divorce Long IslandMuch has been written in the news about No Fault Divorce in New York State and there is some confusion about what the laws may mean to you. To help you understand the implications and effects New York State’s No Fault Divorce Laws the Long Island, NY divorce lawyers at Robert E. Hornberger, P.C., Attorneys and Counselors at Law answer the most frequently asked questions. If your questions are not answered here, please give us a call at 631-923-1910 and we’ll be happy to help.
How is No Fault Different from the other “grounds” for divorce?
No Fault Divorce allows either spouse to seek a divorce without having to accuse the other spouse in court of adultery, cruelty, imprisonment, or abandonment.What do you have to prove to obtain a No Fault Divorce?
Obtaining a No Fault Divorce is simple. All you need to do is demonstrate, under oath, that the marital relationship has irretrievably broken down for a period of at least six (6) months.

Are there any other requirements?
In the event that you and your spouse have children, the parties must also resolve the issues of child custody, visitation, and child support. If you have assets, debts, or both, you must reach an agreement regarding the distribution of the assets and debt.

I heard that the Legislature passed other new laws, what are they?
In addition to No Fault Divorce, the Legislature passed laws affecting spousal support or maintenance, the payment of counsel and expert fees, and child support. These new laws will have a profound effect on how matrimonial matters are handled in New York State. In some cases, the monied spouse (the spouse with the greater income) will be required to pay temporary maintenance to the non-monied spouse. Additionally, the monied spouse may be required to pay a portion of the non-monied spouses’ attorney’s fees and experts’ fees.

No two cases are alike, and the new laws affect everyone differently. The divorce and family law attorneys at Robert E. Hornberger, P.C. have obtained extensive training regarding the effects of the new laws on Nassau and Suffolk County residents and are ready to answer any questions you may have. If your question wasn’t answered here, please give us a call at our offices in Melville, NY at 631-923-1910 and we will be glad to help