Is New York a No-Fault Divorce State
New York was the last state in the country to accept the no-fault divorce status. If you are considering filing for divorce, you may wish to understand how this particular form would impact the outcome of asset division and other marital decisions. In a no-fault divorce case, the court is empowered to dissolve the marriage without requiring that one spouse prove the other violated some understanding that leads to wrong. It is possible, instead, to simply tell the court that the two parties have “irreconcilable differences.”
New York is a no-fault divorce state, and that means that there may be a bit of a faster and more efficient way to move to dissolve your marriage. However, there is still a lot on the line during this process. As a result, it is critical to work with a divorce attorney in New York to help you manage the process. Contact the Law Offices of Vivien F. Start, P.C. for the guidance you need.
What Does a No-Fault Divorce Mean to Your Proceedings?
In a no-fault divorce, neither side must prove that one party caused or was at fault for the marriage’s failure. Instead, at least one spouse must state that the divorce is necessary because the marriage is “irretrievably broken.” It has to have been this way for at least six months.
When filing for divorce like this, the court will not grant it if all decisions related to the ending of the marriage have been made. That typically includes:
- Child custody
- Child support
- Child visitation
- Spousal support
- Division of assets in an equitable manner
- Legal costs
In a no-fault divorce, the two parties agree to end the marriage, and when this occurs, it is often best for both parties to work toward a resolution in each of these areas. If a resolution cannot be obtained between the parties, mediation may be necessary. If that does not work, then the court will hold a hearing or trial to make decisions for the parties.
Why Should You Consider a No-Fault Divorce?
There are several key reasons why you should consider filing a no-fault divorce:
- It tends to be less expensive when both parties agree to terms and can move the divorce forward efficiently.
- Typically, the divorce can occur faster, meaning you can begin to work on your future life sooner.
- There is no cost incurred for developing a “fault” claim and evidence to support it, such as cruel and inhumane treatment, adultery, or abandonment.
Also important is that in this type of case, neither party has to accuse the other of any type of wrongdoing. Even if the marriage cannot be saved, many parents do not want to make such accusations.
Allow Our Legal Team to Pursue Support for You
At the Law Offices of Vivien F. Start, P.C., we can help you navigate a no-fault divorce if it is the best option in your specific case. Our team will work with you to best understand your rights and the specific strategies available to protect and build your future. Set up a consultation to discuss your case with us now.