New York was the last state to adopt no-fault divorce. There is no longer a need to prove fault grounds, such as adultery, when filing for divorce. A person who wishes to divorce must simply prove that the marriage has irretrievably broken down. Nevertheless, divorce is no simple matter. There are questions of whether to file for divorce or wait to respond to divorce papers, when and where to file for divorce, as well as what to ask for during the divorce process. A divorcing couple must also address ancillary relief, which includes custody, access arrangements, child support, spousal support, and equitable distribution. These aspects of divorce often involve strategic decisions and require a sophisticated understanding of one’s rights and responsibilities. Divorce can become all the more complicated when high-net worth assets and children are involved.
When a divorcing couple cannot come to an amicable agreement, the divorce must be finalized in court. After a divorce is finalized in court, the terms of the divorce are not always final. An individual can file to seek to modify certain divorce-related orders, such as a support order or custody and access issues when circumstances change.