What Is No-Fault Divorce?

What Is No-Fault Divorce?

couple breaking up

In the past, New York divorce law required that a litigant establish a reason (“grounds”) for seeking a divorce. Adultery, domestic violence, abandonment, imprisonment for three or more years, and living apart for one year as a part of a separation agreement were the only grounds for divorce.  This prevented a litigant from obtaining a divorce if the only reason was that the parties just did not get along.  As a result, people were forced to perjure themselves, or agree to an unfair financial settlement if they wanted a divorce. In October 2010, New York enacted no-fault divorce.   Now, you only need to state that a marriage has been irretrievably broken for six months or more to establish grounds.

What You Need to Know About Getting a No-Fault Divorce 

You need to consult with a divorce lawyer Garden City if you are interested in getting a non-fault divorce. Even though you don’t have to cite a specific reason for getting a divorce, you still need to reach an agreement on finances in order for the court to grant the divorce.   This protects    the “non-tilted” spouse from being financially abandoned.

There are also residency requirements that have to be met. You and your spouse must have lived in the state of New York for at least one year prior to filing for divorce.

Benefits of Getting a No-Fault Divorce 

No-fault divorce can prevent you and your spouse from needing to have a long drawn out court battle. No one will have to argue about who is to blame for the breakdown of the marriage. This will be easier for everyone.

It is important to note that there are some downsides. No-fault divorces are often filed by one person who is not happy in their marriage.  The person contesting the divorce has no leverage if they want the marriage to continue.   However, they are protected financially because the court will not grant the divorce absent a property settlement

Why You Need Fass & Greenberg 

Even if you are seeking a no-fault divorce, it can still take a toll on you. Garden City divorce attorneys can help you get through a divorce. They will give you the legal guidance that you need to get through this process.

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