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What is no fault divorce?

When a couple in New York State makes the choice to get divorced, they will have to begin the process by declaring the reason for the divorce. However, New York is a “no-fault” state. No fault divorce means that you can just say that your marriage isn’t working anymore and there is no sign that the state of the marriage will improve in the future.

In order to claim “no fault” as the grounds for your divorce, your marriage must have been “irretrievably broken” for at least six months prior to the date in which you filed your divorce. There are a few different reasons for divorce that a person can choose from if they do not claim that their divorce is “no fault.” However, some of the other grounds for divorce that you can claim if you wish to do so include infidelity, cruel and inhuman treatment, imprisonment for a certain period of time, abandonment, and more. It is important to know that just because your grounds for divorce adultery, it will likely not assist you in having a more favorable outcome in your divorce. The court doesn’t actually care about the adultery that took place in your marriage, using no fault as your grounds for divorce will have the same outcome.

If you have questions about how to get started with a divorce in New York state, contact an experienced family law attorney who can provide you with assistance today.

If you require experienced legal representation for any of your residential and commercial real estate, bankruptcy, or family law matters, contact the Mark Scollar Law Office today to schedule a consultation.

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