No-Fault Divorce in Long Island

Long Island Divorce Attorney

In a landmark occurrence on October 12^th, 2010, New York became the last state in the U.S. to enact legislation allowing for divorce on a "no-fault" basis. Prior to this new law, divorcing couples in Long Island and throughout the state were required to file for divorce based upon one of six different grounds: adultery, abandonment, imprisonment, cruel and inhuman treatment, living separate and apart for at least one year pursuant to a judgment of separation, or living separate and apart for at least one year pursuant to a written agreement of separation. The law created a new cause of action for divorce: a marriage that has been irretrievably broken for a period of 6 months or more. Only one spouse need testify to this for the action to commence.

If you are considering filing for divorce and are interested in utilizing the new no-fault law, a Long Island divorce attorney at the Law Offices of Scupp & Berman, LLP can help. We are intimately familiar with these new laws and can provide you with valuable insight as to how a no-fault divorce may be the right option for you.

Other Changes to Divorce Laws

Additional changes to divorce laws that will affect families throughout Long Island include:

• Temporary maintenance - when one party's income is less than 2/3 of the other party's income in a divorce, the spouse with the higher income is required to pay temporary maintenance to the other spouse. To see what amount of temporary maintenance may apply in your case, you can use this Calculator.
• Attorney fees - when one spouse makes significantly less money than the other spouse in a divorce or other family law action, the court may require that the "monied" spouse pay counsel fees to the "non-monied" spouse.
• Child support - a parent may now seek a modification of an existing child support order based upon a "substantial change in circumstances."

Find out more about how no-fault divorce and the other new laws may affect your case. Contact a Long island No-Fault Divorce Lawyer at our firm today.