Providing the greater New York area with Exceptional Legal Services in Matrimonial Matters since 1995
Facing up to the reality of a failed marriage is a very difficult task. It is emotionally taxing and it often effects the ones closest to you as well. On top of that, the legal process is complicated. For those who are not cautious or uneducated, dangers and traps are all around. It is a monumental task to have to deal with the pain and hurt of a marriage that is ending, negotiate the legal process to dissolve the bonds of that marriage while at the same time craft plans for your post divorce future life. Unfortunately, if you or your spouse is contemplating a divorce you will have to deal with these challenges simultaneously.
Contested & Uncontested Divorce in New York
If you are contemplating filing for divorce, you undoubtedly have many questions and concerns about how divorce will affect your life and your future. Frank J. Salvi, Esq. takes the time to listen to your questions and gives you sincere and straightforward answers.
What types of divorce are available in New York?
There are two main types of divorces in New York:
What is a no-fault divorce?
Historically, a spouse who wanted a divorce in New York State had to claim and prove that the other spouse was at fault for destroying the marriage. Because fault was a necessary element of divorce, spouses had to prove their basis or grounds for divorce in every case.
Under New York’s modern no-fault divorce laws; however, a spouse can establish a legal basis for divorce by simply pleading that the marriage has irretrievably broken down for at least six months prior to the filing of a divorce. Frank J. Salvi, Esq. will review your situation and help you determine if a no-fault divorce is right for you.
How does a no-fault divorce work?
Prior to the enactment of the no-fault divorce law in August 2010, the New York Domestic Relations Law set forth six (6) possible grounds for divorce:
1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well-being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant
2) The abandonment of the plaintiff by the defendant for a period of one or more years
3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage
4) The commission of an act of adultery
5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years
6) The husband and wife have lived separate and apart pursuant to a written agreement of separation for a period of one or more years
However, in August 2010, New York State enacted Domestic Relations Law §170(7) - Irretrievable Breakdown of the parties marriage - as a no-fault ground for divorce. One party must state under oath that the relationship between husband and wife has broken down irretrievably for a period of at least six months.
A New York court will not grant a no-fault divorce on the basis of irretrievable breakdown of the marriage until there’s a resolution of all of the following issues:
The Law Office of Frank J. Salvi, PLLC will advise and assist you through this difficult time in your life. Our firm has been serving our clients with trusted counsel and skilled advocacy in divorce matters since 1995. To get started with a confidential consultation, Call Today: 914-682-1993 or request your consultation online here.
At the Law Office of Frank J. Salvi, PLLC we strive to provide skilled, client centered representation in divorce and family law matters. Beginning with the initial consultation and throughout the case we look to accomplish the following: