What’s A No-Fault Divorce NYC

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Important Thing To Know About A No-Fault Divorce

When a married couple wants to get a divorce without going through the process of proving which spouse did something wrong, they can have a no-fault divorce. Reasons such as adultery, abandonment, cruelty, abuse and others are not necessary to prove. All states permit married couples to get a no-fault divorce.

Separation
Many states mandate that a couple live separately for a period of time before they are able to file a no-fault divorce. Other states require a couple to be physically separated for a specified number of months. In some states, a couple must have a physical separation for a minimum of two years. These laws often change. Couples seeking a no-fault divorce are advised to contact an attorney to so they will know their state’s current separation period requirements.

Divorce Filing
Should only one spouse want a divorce, a no-fault divorce can still be granted. The spouse wanting a no-fault divorce will be able to file for it using forms available at a family court website in their state. Should the spouse not wanting the divorce fail to reply, or not attend a court hearing, the court’s judge is able to still grant a judgment of divorce by default.

Settlement Agreement
If both marriage partners agree to a no-fault divorce, they can create a settlement agreement. It is advised this be done by an attorney. They will know what important elements should be included in such an agreement. These agreements can cover important things such as division of debt, assets, and property. Child support, visitation, custody and more can be included in the agreement.

No-Fault Contested Divorce
This is a situation where the two marriage partners are not able to agree to the terms of their divorce. Family attorneys will recommend the couple sit down and do their best to work things out and create an acceptable agreement. In some cases, couples have used mediators when in a state that permits it.

Residency Requirements
In order for couples to get a no-fault divorce, it will be necessary for them to have resided in a particular state for a specified time. This is known as residency requirements. There are few states that do not have residency requirements for granting a no-fault divorce. The only way a couple can get around this requirement is if they were married in the state where they are seeking a divorce.

Advantages Of No-Fault Divorce
It can eliminate a long, bitter divorce process. There is no need to produce evidence of a spouse’s wrongdoing. The court proceedings can be done in a quick, easy and streamlined way. Even if one spouse is guilty of abuse, adultery and worse, a no-fault divorce avoids having the behavior of both couples become part of public record. Time is not spent determining who is responsible for ending the marriage. Both people are focused on completing the divorce process. Many issues in a traditional divorce are resolved by couples on their own. It also requires much less court time to complete than a traditional divorce.

Disadvantage Of A No-Fault Divorce
A spouse who wants a judge to hear about the circumstances, behaviors and more that caused the marriage to break-up will not have this opportunity. They won’t have a chance to be heard and validated in court. In some cases, it can cause problems with child rearing abilities and lead to an unfair distribution of the marital resources. A person will not have the chance to debate the facts of the marriage with a judge. Some believe a no-fault divorce hurts marriage because this makes ending it too easy. There are states that require custody and financial settlements be in place and agreed to by both spouses prior to a no-fault divorce being granted. This may require a lot of time prior to filing for a no-fault divorce.

Need more information? Speak to one of our top NYC divorce lawyers today for a risk free consultation.