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If I File For No-Fault Divorce In Brooklyn, Can My Spouse Get The Suit Thrown Out?

Probably not. Under 2010 reforms to matrimonial law, New York introduced a no-fault ground called Irretrievable Breakdown.

The purpose of this was to give couples a relatively straightforward path to divorce, regardless of whether their spouse consented to the action.

This reversed decades of law that required high standards of evidence to prove things like adultery or abuse, and where judges were often required to throw out otherwise valid requests for divorce because one party had better lawyers.

With no-fault, a valid divorce petition will proceed, and you will eventually be granted a divorce.

Your spouse can create obstacles to slow the process the down, but they can’t stop it entirely.

Eventually a judge will order a trial over outstanding issues, make a ruling, and send you your judgment of divorce.

At Zelenitz, Shapiro & D’Agostino, our clients are always our top priority, and putting you first means moving your divorce forward as quickly as possible.

Your spouse may make efforts to drag it out and make it painful for you, but we fight back for you.

Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce attorney.

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