When getting divorced, one of the first choices you will have to make is whether to file for a no-fault divorce. Read on to learn more about the divorce process in New York.
Fault grounds vs no-fault grounds:
Before divorce proceedings begin, spouses have the opportunity to cite fault grounds. Grounds refers to the legal reason the divorce is occurring. In New York, you can file on the grounds of:
- Adultery
- Abandonment for a minimum of one year
- Extreme cruelty
- Imprisonment
- Institutionalization
A common question is whether or not to cite fault grounds. New York is a “no-fault” state, meaning that you can cite “irretrievable breakdown of marriage.” So, how do you decide? When weighing the pros and cons, it is important to note that citing fault grounds can cause more harm than good. This is because they can be contested. Additionally, they may require evidence. For example, if you file for divorce on the grounds of adultery, you may have to provide evidence of your spouse’s infidelity. Additionally, your spouse will have the opportunity to refute your claims. This can be a long, stressful, and expensive process. Additionally, fault grounds generally don’t play a major role when it comes to things like the division of assets, child support, and so on. As a result, most couples choose to file for a no-fault divorce. In order to qualify for a no-fault divorce, you will have to meet the following requirements:
- One or both parties have lived in the state without interruption for at least two years
- One or both parties have lived in the state in the year before the divorce case and the couple either got married in NY, lived in NY as a married couple, or the grounds for divorce happened in NY.
- Both are residents on the day of filing for divorce
Divorce is a stressful process, but having the right attorney on your side can make all the difference. Reach out to our firm today to speak with a skilled and dedicated divorce attorney. We are here to advocate for you every step of the way.
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Matters of divorce and family law should be navigated with the guidance of an experienced attorney. 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.
