Divorce proceedings can often be very difficult and exhausting for those involved in the process. In the state of New York, spouses must meet certain requirements before the divorce proceedings may begin. One of the first steps that must be taken before the process begins is to cite grounds for the divorce. Many people believe divorces only take place if one spouse is “at fault” for the end of the marriage. However, this is not always the case. In the state of New York, spouses have the opportunity to cite either fault or no-fault grounds for their divorce.

Fault Grounds

While beginning divorce proceedings, spouses can cite fault grounds in order to begin. When a spouse cites fault grounds in a divorce case, it means one spouse is holding the other responsible for the end of their marriage. In the state of New York, there are several legally acceptable grounds for a divorce. This can include:

  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment for 3 years or more in a row
  • Adultery

Spouses are sometimes unsure about citing fault grounds in a divorce. This is due to the possibility of litigation as well as creating more problems with their spouse. When one spouse cites fault grounds, the other spouse is able to answer the accusation. This could possibly lead to more legal issues. It is a common misconception that when a spouse cites fault grounds, it will affect the outcome of the divorce. However, fault grounds usually do not have an impact on the outcome of a spouse’s marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. This typically happens in the event of an irretrievable breakdown in a relationship for a period of at least 6 months. Because of this, no-fault grounds in a divorce can also be known as an “Irretrievable Breakdown of Marriage.”  In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. This requires spouses to agree on all marital assets before they can file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact the Law Office of Peter L. Jameson, PLLC. today.

The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.