What is a No-Fault Divorce in New York State?

There comes a time for many married couples when they no longer wish to stay together and will seek out a divorce. If you’re getting a divorce, you may believe that the divorce is your spouse’s fault, such as if he or she committed an act of adultery. Understandably, if this is the case, you may wish to inform the court of this in the hopes that you’ll perhaps receive a better divorce settlement, since, after all, you wouldn’t be getting divorced if it weren’t for your unfaithful spouse. That being said, contrary to popular belief, it isn’t always best to do so. Please continue reading and reach out to an experienced Nassau County divorce lawyer to learn more about fault grounds, no-fault divorce, and how our firm can help you through each phase of the process ahead. Here are some of the questions you may have:

What is a no-fault divorce?

When a person is getting divorced, they can either cite fault grounds or file a no-fault divorce. When filing a no-fault divorce, you’re not placing blame on the other spouse for the divorce, and you’re instead citing ” irretrievable breakdown for a period of 6 months or more prior to the commencement of the action for divorce.” Though you may wish to cite fault grounds and tell the court about what your spouse did to cause the divorce, this isn’t always the best option. When citing fault grounds, you give your spouse a chance to deny your allegations and prolong the divorce process, costing you more time, money, and, most likely, stress. Furthermore, in most cases, citing fault grounds doesn’t work to the benefit of the person citing them either.

If I wanted to file a fault-based divorce, what fault grounds can I cite?

If you wish to file a fault-based divorce and we believe it may be in your best interests to do so, you may cite any of the following fault grounds:

  • Adultery
  • Abandonment
  • Incarceration
  • Having a drug problem
  • Abuse

If you have any additional questions about how divorce works here in New York State or you would like to initiate the divorce process, simply speak with a knowledgeable Nassau County family law attorney from our firm today. We have helped countless clients through the process in the past, and we are ready to help you, too.

Contact Our Experienced Nassau County Firm

Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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