frequently asked questions


Yes. On October 12, 2010, New York officially enacted a statute which allows one spouse to seek a divorce based upon an "irretrievable breakdown of the marriage for a period in excess of six months." This "no fault" grounds allows a party to obtain a divorce without proving that the other spouse’s fault led to the downfall of the marriage. However, the one "catch" is that all of the child custody, child support, maintenance, and equitable distribution issues must be resolved before the Court is allowed to grant a no fault divorce.

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Can I Obtain a "No Fault" Divorce in New York?

Will my Divorce be Expensive?


This is one of the hardest questions for any divorce attorney to answer. The short answer is that it is impossible to tell at the beginning of a case how "expensive" a divorce will be. The cost of a divorce depends largely on how well the parties cooperate and how open to settlement the parties are, as well as the complexity of the financial issues in the case, the complexity and contested or uncontested nature of the issues of custody and child support, and a host of other issues which effect the length and the cost of litigation. Generally, the shorter a divorce case lasts the less expensive it will be. Conversely, when a trial is required in a divorce case because the parties are unable to agree on a resolution to one or multiple issue, the cost of a divorce can rise dramatically. Luckily, however, over 90% of all divorce cases settle without the need for a trial.

What Exactly Does  Equitable Distribution  Mean?


The Domestic Relations Law (Section 236B) provides for the equitable distribution of marital property in a divorce case. One common mis-conception is that equitable distribution means a 50/50 split of all assets. While this is true in some cases, the equitable distribution statute calls for the court to make a decision regarding marital property that is "fair" and "equitable." There is no requirement of equality. In order to determine what is "fair" and "equitable" the court must look to thirteen specific factors outline in Domestic Relations Law 236B(5), and must make a decision with the guidance of those factors. The lawyers at WINKLER, KURTZ & WINKLER, LLP are available to consult with you on all matters pertaining to equitable distribution and can provide you with a detailed analysis specific to your case.

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