Is New York’s No-Fault Divorce Automatic?

On March 15, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

New York’s No-Fault Divorce

Recently, we have received some questions regarding whether or not a Defendant can challenge a New York’s No-Fault Divorce.  Being that the statute is so new, there still remains some uncertainty and inconsistency throughout the trial courts.  The truth is that nobody really knows at this point.  The statute calls for an “irretrievable breakdown of the marital relationship in excess of 6 months.”  The language itself does give rise to certain questions such as how a Plaintiff can prove such a breakdown?; or how can a breakdown be irretrievable when at least the Defendant is willing to reconcile.  These are issues that will need to be worked out in the higher courts.  If you have questions regarding the new No-Fault Divorce statute in New York, call (516) 858-2620 to speak to a Matrimonial Attorney.

Divorce Attorney in Mineola

Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today.


New York Uncontested Divorce

On July 21, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Uncontested Divorce

In the past few months we have received a lot of phone calls from people who either attempted to file their own uncontested divorce or hired the cheapest attorney they could find to file their uncontested divorce for them.  Unfortunately, these folks have found out the hard way, that mistakes in the paperwork or the filings of these uncontested types of divorce can lead to serious delays and stress.  Although an uncontested divorce is not as technically challenging as a contested divorce may be, it should still be taken seriously.  An uncontested divorce controls the manner in which a marriage is dissolved.  Issues of child custody, child support, maintenance, and property distribution are all at stake when these divorce papers are prepared and filed.  It is very important that you find a competent professional to prepare and file your divorce.  Saving several months time and a lot of money that it takes to fix mistakes in the divorce process is well worth the slightly higher cost that you may pay.  As always, if you have any questions or concerns, feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

NY’s No-fault Divorce Law Works

On February 21, 2011, in Divorce, by John A. Weber IV, ESQ.

New York’s No-fault Divorce law works as promised.  At least in uncontested matters.

We filed an uncontested no-fault divorce a few days after New York’s no-fault divorce law went into effect. We are  pleased to say that the process went rather smoothly, and that we recently received our client’s judgment of divorce.  Gone are the days when couples would have to “stretch” the truth in order to qualify under New York’s stringent grounds in order to get a divorce.  Although the other issues may be litigated just as often these days; at least a grounds trial won’t be necessary if both parties can at least agree that they no longer desire to be married to one another.  So, the legislative intent has been accomplished in allowing New Yorkers a less culpable grounds upon which a divorce may be granted.

If you are considering getting divorced and all of the publicity about this new law has you confused; Feel free to call us at (516) 858-2620 !

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