Fault Grounds in New York | What You Need to Know

Fault Grounds in New York | What You Need to Know

If you are getting divorced, you likely have a lot of questions. Read on to learn the answers to some of the most common questions regarding divorce in New York.

What are fault grounds?

“Grounds” refer to the legal reason the divorce is occurring. In many cases, spouses will file for a “no-fault” divorce. This is often the case when spouses believe their relationship has broken down over a period of at least six months and it can no longer be fixed. This is often referred to as an “Irretrievable Breakdown of Marriage.”

On the other hand, spouses who cite fault grounds wish to hold their partner responsible for the end of their marriage. In the state of New York, there are several legally acceptable grounds for divorce, including:

  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment
  • Adultery

Should I cite fault grounds?

Determining whether to cite fault grounds is a big decision. This is because your choice can greatly impact the path your divorce takes. An uncontested divorce happens when both couples agree that their marriage cannot be adjusted and they are on the same page with the conditions of their divorce. This kind of divorce also means that all marital issues between both parties, including alimony, child custody, child support, child visitation, division of assets, and alimony have been resolved. There are two varieties of irretrievable breakdowns:

  • 1A Divorce: When both spouses agree on their marital issues.
  • 1B Divorce: When marital issues are left unresolved.

Spouses who file for a no-fault divorce may be able to settle their marital issues outside of the court through mediation, arbitration, or a collaborative divorce.

If you choose to cite fault grounds, you will likely go through the process of litigation. This means that a judge will make decisions about the matters of your divorce. This can be complicated because your spouse can contest the divorce if you file on fault grounds. Additionally, fault grounds often require proof. For example, filing on grounds of adultery may require proof that this adultery occurred, which can be stressful and difficult to produce.

To determine which option is best for you, speak with an experienced divorce attorney. Our firm is here for you every step of the way.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.