How will no fault divorce affect my divorce? 1 Answers as of May 26, 2011

My husband has fathered a child and we are now getting divorce, does the NY law of no fault divorce allow him to divorce without any consequences? We have two children, how would this affect the child support and the split of assets. He must have been supporting the other child as well for last 7-8 years and this has affected our financial situation, how is this impacted in the overall financial split.

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
First, no fault divorce means exactly that - no fault is needed to obtain a divorce.In your instance, it seems obvious the two of you have problems of some sort ( his infidelity is primary) and rather than allow you to use his infidelity as leverage against him to keep him in the marriage or vice versa, the courts simply allow either of you to move for divorce to end what is already obviously not working. As for finances, he will have to support the children of your marriage without consideration for the new child. He will have to absorb that expense on his own in my view, but a consultation would be appropriate in person would be the best thing you can do at this point to go over all the pertinent details because many things can change once the details are reviewed. Good luck.
Answer Applies to: New York
Replied: 5/26/2011
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