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What is a No-Fault Divorce in NYC?

November 7, 2016 Blog

When filing for divorce, you may be required to provide information about why you are hoping to end your marriage. Acceptable reasons to divorce may vary from state to state, but in the state of New York, you may either file for a “no fault” or a “fault” divorce.

A “fault” divorce means that someone’s behavior has led to an emotional end of the marriage. Fault usually involves adultery, cruel and inhuman treatment, or abandonment. In these situations, one of the members of the marriage acted in a way that was not in line with the marriage vows.

But in most divorces, one individual does not act out of line. Instead, the couple grows apart, no longer feels the same kind of love, and are ready to begin a new life independently. In these situations, where there is no one to blame, you will want to file a “no fault” divorce.

What is a No Fault Divorce

As the name suggests, a no fault divorce means that no one is at fault for the breakdown of the marriage. In a no fault divorce, both parties believe that the marriage cannot be repaired but that there is no clear way that the marriage vows were broken.

A no fault divorce may also be recognized as a divorce because of irreconcilable differences or simply an inability to get along. Because many people can change as they age and develop new values, it is not uncommon to find that someone you loved years ago has become someone that you no longer get along with.

To have a no fault divorce go through, you will need to be able to prove that you and your spouse have tried to work through problems but have not been able to find common ground.

In the state of New York, you must prove to the court that you have been separated for at least six months before you can officially file your no fault divorce. This period of time is designed to prevent you from filing for divorce on a whim or in a moment of anger.

How is a No Fault Divorce Different?

Because a no fault divorce does not put the blame on one individual, the court will expect you and your ex spouse to work together to come to an agreement about your belongings and assets.

Before your no fault divorce will be recognized by the court, you and your soon-to-be ex will need to determine how you will split your assets and time with any children involved. To have your divorce granted, you must come up with a custody plan, a plan to divide your property, and determine if any spousal or child support will be necessary.

If you and your spouse are unable to come to an agreement or determine the best situation on your own, you can work with your divorce attorneys to create a plan.

What To Do if Ready to File a No Fault Divorce

As with any legal situation, you will want to speak with a professional attorney as soon as you know you will need their help. If you’re hoping to file a no fault divorce, you will want to speak with a divorce lawyer in New York. The right divorce attorney can help you create a strategy for ending your marriage quickly and efficiently.

For a no fault divorce, you will need to immediately take the necessary steps to legally separate. Because the marriage must be broken down for at least six months, acknowledging a separation as soon as you and your spouse have decided that it cannot be repaired is a crucial first step.

Next, you will immediately want to begin talking with your spouse about how to split belongings and what a custody agreement looks like. If you and your spouse have been together for a long time, this process may be complicated and take months to figure out. The sooner you begin having the conversation, the easier it will be to come to a solution.

Talk with a divorce attorney about what the right strategy for you and your situation is. With the help of a lawyer, you’ll be on your way to starting a new life.



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