Divorce & Separation
At Vacca Family Law Group, we strive to help our clients separate and divorce in the most respectful and non-adversarial and way possible through either collaborative divorce or mediation. Because each client's circumstances are unique, we are well-versed in developing creative solutions that meet the individual needs of you and your family.
How it works: When a couple is legally separated, that means that they have entered into a legally binding agreement with each other or the court has issued a judgment of separation that allows them to live apart and clarifies each person's rights and obligations to each other and to any minor children they may have. Legally separated couples are not able to marry until a Judgment of Divorce is granted.
Divorces in New York can be contested or uncontested. In a contested divorce, the parties determine that they will not be able to come to an agreement outside of court and they will need a judge to make decisions for their family and/or finances. In order to commence a contested or uncontested action for divorce, one party - known as the plaintiff - needs to allege grounds.
There are 7 grounds for divorce in New York:
- Cruel and Inhuman Treatment
- Abandonment for one or more years
- Imprisonment for three or more years
- Living apart pursuant to a judgment of separation for one year
- Living apart pursuant to a signed separation agreement for one year
- Irretrievable breakdown of the marriage for six months.
This 7th ground - requiring that just one spouse needs to allege that there has been an irretrievable breakdown in the marriage - brings New York into line with the 50 other states that have no-fault divorce. But even in a no fault divorce, the final judgment of divorce will not be signed until all of the relevant issues are resolved by agreement or court order. These issues include the division of property, child custody and visitation, spousal support, child custody, medical insurance and more.
- New York Finally Enacts No-Fault Divorce
Governor David Patterson signed New York’s no-fault divorce bill into law yesterday, bringing New York in line with the 49 other states that already have some version of the law. So what exactly does this bill do? It amends Section 170 of New York’s Domestic Relations Law, which sets forth the grounds for divorce, and will now permit couples to divorce if one spouse swears under oath that the relationship between husband and wife has broken down irretrievably for a period of at least six months… continue reading
- Marriage and the Expectation of Online Privacy
What is a spouse’s expectation of online privacy in New York? A simple lesson can be learned from both of these cases: You need to take responsibility for protecting your own privacy… continue reading
- "Onward and Upward: Guide For Getting Through New York Divorce & Family Law Issues"
This comprehensive divorce and family law book offers the perspectives of attorneys and professionals on a myriad of family and matrimonial law topics
Download Book Chapter by Andrea Vacca here