Fully Taking Care Of Clients And Their Families

  1. Home
  2.  → 
  3. Divorce
  4.  → What is a no-fault divorce?

What is a no-fault divorce?

On Behalf of | Oct 29, 2021 | Divorce |

When a marriage ends, many people assume that there must be a reason for it. Throughout history, many New York couples have filed for fault-based divorces, where they list one or more of the following as the grounds for their divorce:

  • Cruel and inhumane treatment (physical or mental abuse)
  • Abandonment of one spouse for at least one year
  • Adultery committed during the marriage
  • Imprisonment of one spouse for three or more consecutive years, starting after the marriage began
  • Living separate and apart for a minimum of one year pursuant to a legal separation agreement
  • Living separate and apart for a minimum of one year pursuant to a judgment of separation

In a fault-based divorce, one party essentially must show that the other spouse’s wrongful actions led to the dissolution of the marriage. While some divorcing spouses have no trouble pointing fingers at each other and blaming one another for the end of their relationship, others may determine that neither party is to blame. In such cases, a no-fault divorce may be the best option.

Filing for a no-fault divorce

By filing for a no-fault divorce, you and your spouse are seeking a divorce on the basis that the marriage is ‘irretrievably broken’ and that the relationship has been broken for a minimum of six months. A court will only grant a no-fault divorce if all matters relating to the divorce have been addressed. These matters include:

  • Child custody and visitation
  • Child support
  • Spousal support (alimony)
  • Equitable distribution of the marital assets

Many marriages end simply because the couple has fallen out of love or can no longer get along. In such cases, New York courts allow the couple to file for a no-fault divorce. A family law attorney in your area can help protect your interests while encouraging civility throughout the no-fault divorce process, making things much easier for everyone involved.