Divorce is the legal termination of a marriage and will usually involve the resolution of all issues which result from a marital relationship. As such, a divorce typically resolves all issues between spouses, including the fair and equitable allocation of all assets and obligations between spouses and, where applicable, the payment of maintenance (formerly known as "alimony") from and to either party. Where children are involved, this also includes the resolution of issues of custody, visitation, residence, support, health care expenses, day care expenses and education expenses of children.
In 2010, New York has passed a law whereby it became the last state in the Union to provide for a "No-Fault" divorce option. Under this law, either spouse may seek a divorce upon the assertion that "the relationship between husband and wife has broken down irretrievably for a period of at least six months". There is no requirement that the parties agree that this is the case, so long as one party has made this assertion under oath. This eliminates the necessity of a person seeking a divorce to make specific and detailed assertions that his or her spouse had committed acts which were sufficient to warrant a divorce. New York continues to permit a divorce to be obtained upon establishing "grounds" or legally sufficient reasons in order to obtain a divorce.
The terms or provisions of a divorce resolution can be established by asking a court to make a determination regarding what is fair and reasonable under the circumstances. However, a divorce may also be obtained based on terms and conditions previously agreed to and established by the parties.
While all divorce cases share certain similarities, each case is truly unique and each set of circumstances requires separate and distinct consideration and evaluation.
To discuss any issues or questions with respect to a potential divorce, please contact Lawrence J. Schwind
Read about the latest information regarding No-Fault Divorce and other divorce law changes adopted in New York