What is a no-fault divorce in New York?

If you are considering divorce, one question you may be asking is whether or not you have sufficient grounds for divorce. If you are in New York, which is a no-fault state, you don’t need any ground to file for a divorce. All the law requires is that your marriage is irretrievably broken before requesting a dissolution of the marriage.

But what, exactly, does that mean? In this blog post, we are going to take a closer look at no-fault divorce and what it means for you and your family. If you have further questions about divorce, you can contact our office to speak with a New York family law attorney.

What does no-fault divorce mean?

A no fault divorce simply means that neither spouse is required to prove fault before filing for divorce.

Before 2010, New York was a fault-based state. There were seven fault-based grounds for divorce, which included adultery, abandonment, and cruel and inhumane treatment. Proving grounds for divorce was time consuming, stressful, and expensive, often resulting in litigation.

Filing a no-fault divorce can help separating spouses save thousands of dollars in legal fees. The elimination of fault-based divorce as a requirement means that couples do not have to go to court to prove guilt, incur litigation costs, and leave a final determination of fault up to a judge or jury.

How to file for no-fault divorce in new york

Filing for a no-fault divorce in New York is surprisingly simple. Because you do not have to prove that the marriage is ending because of the other spouse’s fault, all that is required is one spouse stating, under oath, that the marriage has been irretrievably broken for at least six month.

Although it is simple to file for divorce, a divorce decree will not be granted until all issues relating to child custody, child support, spousal support, and property distribution have been agreed upon by each spouse.

What is the difference between a no-fault divorce and uncontested divorce

Just because you are filing a no-fault divorce in New York does not mean it will not be contested. Both an uncontested divorce and contested divorce can be filed as a no-fault divorce in New York.

An uncontested divorce is a divorce where the separating couple has resolved all major issues like child custody, property division, visitation, and spousal support. In a contested divorce, by contrast, spouses are not in agreement on these major issues. This means that some, if not all, of these issues will be decided in court by a judge after trial. For couples that want to avoid trial, mediation is another option to resolve these issues.

Do i need a new york family law attorney for a no-fault divorce?

Even when you are filing for a no-fault divorce in New York, you should consult with an experienced family law attorney. You do not have to prove fault in court, but there still may be other issues such as child custody, spousal support, and property division that need to be resolved prior to the dissolution of the marriage.

If you have questions about your divorce, we encourage you to give us a call or complete the form on our contact page to schedule an initial consultation. We can discuss your situation and determine the best path forward for you and your family.