Divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. To ensure that a particular divorce serves public policy interests, some states require a “cooling-off period,” which prescribes a time period after legal separation that spouses must bear before they can initiate divorce proceedings. Family court and matrimonial issues are the most highly charged and contentious matters argued in New York State Court system.
Divorce law and procedures were very stringent until August 15, 2010, as New York recognized divorces only upon fault-based criteria. There was no provision in the divorce law to file a divorce on mutual consent.
The state Senate approved a No-Fault Divorce bill on June 30, 2010. The State Assembly also passed the No-Fault Divorce bill on Thursday, July 1, 2010, after which the Governor signed it into law.
There are six official grounds in the state, not including a no-fault option:
It is estimated that upwards of 95% of divorces in the U.S. are “uncontested” because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may not be necessary, the courts would prefer parties to come to an agreement prior to entering the court.
Most U.S. states charge between $175 and $350 for a simple divorce filing. Collaborative divorce and mediated divorce are considered uncontested divorces. Because of additional requirements that must be met, most military divorces are typically uncontested.
Get started with your Divorce right away by calling Dalbir Singh and Associates, PC at 212-428-2000. Our New York City office is conveniently located in the Financial District, at 40 Wall Street, Floor 25, New York, NY 10005. We’re open five days a week.
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