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Considering A Divorce

To file for divorce in New York, you used to need “grounds”.  In October 2010, New York became the last state in the U.S. to adopt “no fault” divorce.  The grounds for divorce in New York include: cruel and inhuman treatment, abandonment, adultery, legal separation, irreconcilable differences, imprisonment and now “irretrievable breakdown” (aka, “no fault”).

Divorces are like snowflakes – no two are exactly alike.  It’s important to discuss your reasons for wanting divorce (or, if you have been served with a divorce summons, the reasons stated in the summons and complaint against you) with your attorney at the initial consultation.

Ninety-nine percent of the time the grounds for divorce will have absolutely no bearing on equitable distribution or child custody.  Because of this, filing under the new “no fault” law can usually save clients time, money and aggravation.

Jonna’s Legal Lowdown: If your approach to the divorce process is, “I just want out”, place your hand on your attorney’s desk and ask her to whack it with a ball-peen hammer.  This will remind you that making decisions in haste hurts.

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