Understanding No-Fault Divorce in New York
New York's no-fault divorce law has simplified the legal process by eliminating the need to prove grounds such as cruelty, abandonment, or adultery. This reform reduces emotional strain and avoids the financial burden of proving fault.
A no-fault divorce can be either uncontested or contested. In uncontested cases—where both parties agree on issues such as child custody, child support, spousal maintenance, and property division—the process is generally straightforward. However, full agreement on all these matters is rare.
Disagreements often arise regarding the division of marital property and debt. When children are involved, custody and support arrangements can become especially complex. These matters can frequently be resolved through negotiation, mediation, or collaborative divorce. If not, they may require litigation and court intervention.
At H. Benjamin Perez & Associates, P.C., our attorneys are highly experienced in both settlement negotiation and courtroom advocacy. Whether you are pursuing a simple uncontested no-fault divorce or facing a contested high net worth divorce, we provide access to exceptional legal and financial resources. Our goal is to protect your parental rights and long-term financial security with professionalism, discretion, and determination.
Need a no-fault divorce attorney in New York City?
No-Fault Divorce in New York: What You Need to Know
New York State now recognizes no-fault divorce, which means it is no longer necessary to prove misconduct—such as infidelity or abandonment—to be granted a divorce. This legal development allows couples to dissolve their marriage based on the irretrievable breakdown of the relationship for a period of at least six months.
While this reform has simplified the legal grounds for divorce, it does not affect the more complex components of the process, such as child custody, visitation, child and spousal support, and the equitable division of property and debt. These matters still require careful negotiation, thorough documentation, and, in some cases, court intervention.
At H. Benjamin Perez & Associates, P.C., we understand that timely resolution is important—but so is protecting your long-term interests. Our experienced family law attorneys have helped thousands of individuals navigate every aspect of the divorce process with clarity, strategy, and compassion. Whether your divorce is uncontested or contested, our firm provides the legal guidance you need to move forward with confidence.
Accessible to Clients 24/7 for emergencies only
Career Trial Lawyers & Professional Litigators
A Long Track Record of Positive Verdicts
Recipient of Avvo Clients' Choice & 10.0 Superb Awards