What is a No-Fault Divorce in New York?

No one gets married in the hopes of getting a divorce. Unfortunately, however, a significant number of marriages in the United States end in divorce. Not only can parting ways with your spouse be heartbreaking, but there are a lot of other emotional stressors that come from divorce. For example, the division of assets, custody disputes, and spousal support can make divorce proceedings much more difficult.

What is a No-Fault Divorce?

New York has adopted the no-fault divorce policy, which states that no one spouse was responsible for the breakup. This type of divorce is grounded in the fact that there was an extended breakdown of the marriage.

The no-fault divorce law requires the couple to prove irreconcilable differences or a marriage breakdown for at least six months. Once this is established, the court can decide how other aspects of the legal separation will be handled.

However, the couple does not have to detail those “irreconcilable differences.” The divorce court does not consider fault when deciding whether there should be a divorce. It’s essential to note that one partner can assert the basis of an “irretrievable breakdown of the marriage” even with the other partner’s objection.

Before enacting the no-fault divorce law, the defendant could block or delay the divorce process for a certain period by requesting a grounds trial. However, New York courts ruled that there can not be a grounds trial to prove whether the marriage had broken down.

The no-fault divorce law also shows that couples who want to end their marriage don’t have to move to other states to satisfy jurisdictional law. Additionally, a spouse doesn’t have to spend resources to persuade their partners to accept the allegations of adultery, cruelty, or abandonment in a divorce petition in New York.

No-Fault vs. Fault Divorce

A no-fault divorce is a separation that doesn’t rely on blaming one party for the marriage breakdown. However, the court might not grant a no-fault divorce if both spouses haven’t resolved visitation, child custody, legal fees, asset distribution issues, and other aspects of the divorce. 

In a “fault” divorce case, the party filing for the divorce must prove that the following took place, resulting in the end of the marriage: 

• Cruelty
• Adultery
• Abandonment 
• Legal Separation 
• Incarceration 

What are the Benefits of a No-Fault Divorce

• Less Proof is Needed: In a fault divorce case, the party filing for the divorce has to prove their claims of cruelty, adultery, or abandonment. This might mean introducing witnesses and providing evidence before the court. 

However, in a no-fault case, the couple has little to prove and won’t need to spend much time in dispute. They only need to show irreconcilable differences that existed for more than six months.

• Avoid Going to Court: When the couple agrees that the union is over, they’ll need to agree on issues like spousal support, asset distribution, and child custody. In an amicable divorce, you will only need a divorce attorney to guide you through this process to ensure that the proper arrangements have been made. After that, the two spouses can file their agreements with a divorce court, make relevant payments, and move on without going to court.

Opposing needs and bitter feelings often make it challenging for the couple to negotiate. In such a case, mediation can come in handy. Through mediation, you will have a neutral third party that will listen to your needs and those of your soon-to-be ex. A qualified mediator can also provide relevant psychological skills to help you keep the negotiations civil.

• Amicable Separation: No-fault divorce cases typically have less animosity than fault divorces. Therefore the atmosphere can be less tense, and discussions regarding the divorce can be handled civilly. When there is no animosity during the divorce process, the spouses can address issues such as spousal maintenance and custody with more patience and understanding. 

Contact a New York Divorce Attorney

Realizing a marriage is falling apart can be hard, and leaving that marriage can be even harder. Even if you and your ex-spouse are parting ways with minimal drama, it’s still hard to know what kind of legal action you need to take. Working with a New York divorce attorney is the best way to ensure your divorce goes as smoothly as possible.

At WertheimerLipton, we’ve managed several no-fault divorces and are equipped to offer a solution for your situation. Contact us today to schedule a consultation, and let’s help you in the best way possible.