Does marital fault impact a divorce?

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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.

If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today. 

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We have an excellent AVVO rating from our many happy clients

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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