Does marital fault impact a divorce?

 

Divorce is a confusing topic for many. With laws changing and courts shifting, it is hard to keep up with every nuance of divorce. New York is a no-fault state when it comes to divorce. When once a person needed to cite grounds before being allowed to proceed, a court can no longer deny a person a divorce. Irretrievable breakdown of a marriage of at least 6 months is quickly becoming the norm for divorces. No-fault grounds allow a couple to avoid complications before getting to the important stuff. That said, fault grounds are still allowed, including adultery, cruel and inhumane treatment, abandonment, imprisonment, living separate and apart after separation judgment, living separate and apart after a separation agreement. The question remains, “Will fault grounds impact my divorce or help my case?”

With the introduction of no-fault grounds in New York, most courts have dropped much of the weight of fault grounds. Back in the day, if your spouse cheated on you, you may be able to get more assets, alimony, and other important awards, depending on the discretion of the court. This is no longer the case. For most courts, the facts of the case are paramount, not what led to the case. For example, the financial situation of each party holds more weight than who cheated on who. For this reason, many people turn to no-fault grounds to get right to the nitty gritty.

With that in mind, there are instances where economic fault has impacted divorce issues. For example, if a person was to purposefully and wantonly waste or hide assets with the intention of manipulating a divorce case, it could benefit the other party if they are caught doing so. If one spouse was caught wasting and spending assets on another relationship during the marriage, economic fault can take its toll on their position during court.

Whatever the case, it is important to consult with an effective and passionate attorney at The Law Offices of Susan A. Kassel, P.C.