No one plans to divorce when they marry. So when you come to the conclusion that parting ways is best, you should consider all of your options. That evaluation should include the grounds for divorce. This refers to the legally recognized grounds on which you can ask a court to end a marriage. Before New York adopted its current no-fault ground, spouses generally relied on fault-based grounds or on a qualifying period of separation under a court order or written separation agreement. However, New York now recognizes no-fault divorce, and it’s a legal concept that Rochester divorce lawyers encounter quite often.
Wondering if a no-fault divorce is right for you? Speak to Michelle Cimino, one of the leading Rochester divorce lawyers, to learn more.
How Rochester Divorce Lawyers Work Through No-Fault Divorce
No-fault divorce allows either spouse to state under oath that the marital relationship has broken down irretrievably for at least six months. In New York, the no-fault divorce provision of the Domestic Relations Law § 170(7) became available for divorce actions on October 12, 2010, allowing spouses to obtain a divorce without either party having to prove fault. Before the state recognized no-fault divorce, spouses could rely on fault-based grounds or on a qualifying one-year separation under a court order or written separation agreement.
In New York, one spouse’s sworn statement establishes the no-fault ground for divorce. However, the court cannot grant a Judgment of Divorce on no-fault grounds until an agreement or court order resolves property, child support, and custody-related issues.
Ending your marriage through no-fault grounds may be less contentious than terminating a partnership due to adultery or abandonment. However, it doesn’t always mean that the process is straightforward. No-fault divorces can be either contested or uncontested, depending on whether you and your spouse have disagreements about the asset division or custody.
Think of the difference between grounds for divorce and contesting divorce this way. The no-fault ground removes the need to fight over why the marriage ended. However, whether you need to contest a divorce depends on whether you and your spouse can agree on the legal and financial effects of separating.
Understanding the No-Fault Divorce Process
No-fault doesn’t automatically equal simple. However, working with one of Rochester’s leading divorce lawyers, Michelle Cimino, can help simplify the divorce process. While each divorce is unique, in general, the no-fault process follows these steps:
1. Confirm That You or Your Spouse Meets the State Residency Requirement
First, confirm that you or your spouse meets the state residency requirements in order to be able to file for divorce in NY.
To meet the requirement, you must meet of the following criteria:
- Either you or your spouse has lived in New York for at least two consecutive years before the divorce case is started.
- Either you or your spouse has lived in New York for at least one consecutive year before the divorce case is started, and either:
- (1) You got married in the state.
- (2) You lived in the state as a married couple.
- (3) The grounds for divorce occurred in the state.
- Both you and your spouse were New York State residents when the divorce action commenced, and the grounds for your divorce took place within the state.
2. Start the Case in Monroe County and Serve Your Spouse
Next, prepare and file a divorce summons. You can file either of the following:
- A Summons with Notice (UD-1), a shorter document used to start the case. This makes sense when you expect the divorce to go through mediation.
- A Summons and Verified Complaint (UD-1a and UD-2), which provides more detailed allegations and requests for relief at the outset. This makes sense in contested divorces.
You’ll file the documents in the Monroe County Supreme Court, located in downtown Rochester. The associated index-number fee in the county is $210, and additional court fees may apply later in the case. Working with a Rochester attorney, like Michelle Cimino, can help you determine which summons makes the most sense in your case and ensure you file correctly.
Have an authorized person serve your spouse with the summons with notice or summons and verified complaint. They’ll have a specific deadline to appear or respond.
3. Resolve Key Issues and Submit Final Paperwork
Next, you’ll need to reach an agreement regarding the division of assets, custody, or child or spousal support. You can either negotiate issues in mediation or litigate them in court. Only once the issues have been resolved can you proceed with finalizing the divorce.
At this point, you’ll submit final paperwork for the court’s review. If a judge finds that it meets New York’s requirements, they will issue a Judgment of Divorce.
Understanding the timeline and other technical aspects of the no-fault divorce process can be tricky. This is especially true when you’re also going through the emotional strain of your marriage ending. That’s why Michelle Cimino wants to help you through the process. She has served as a leading, compassionate Rochester divorce attorney who is deeply familiar with how Monroe County and New York State domestic laws affect the separation process.
Book a Confidential Consultation With One of the Leading Rochester Divorce Lawyers
Sometimes, marriages reach a natural conclusion as people grow apart. If you find yourself in such a situation, a no-fault divorce can help you end your partnership without assigning fault or a specific cause for ending your marriage. No-fault divorces can be contested or uncontested, depending on the issues that need to be resolved. Regardless, legal support often makes the experience more straightforward. For guidance, reach out to Michelle Cimino, one of the leading Rochester divorce lawyers.
Michelle Cimino wants to help you understand how to end your marriage as simply as possible under New York State law. She was named one of the Top 30 Matrimonial and Family Trial Lawyers, demonstrating her readiness to resolve your marriage in a contested divorce or through mediation. Book a confidential consultation today.
