What is a 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 cite grounds that cannot be contested.
In order to claim “no-fault” 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. Though New York is a no-fault divorce state, it is not a pure one and a person has the right to cite fault grounds, including 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. For this reason, among many others, people often choose no-fault grounds to avoid any legal action before the actual divorce process starts.
When deciding on such significant legal matters, it is important to consult with an attorney that can assess your situation, guide you through your options, and help you make informed decisions about your situation.
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. Contact The Law Office of Peter L. Jameson, PLLC.