No-Fault Divorce Vs. Fault Divorce – Frequently Asked Questions

Concept illustration of a family splitting up after getting a divorce.

Like most states in the United States, New York’s law allows people to file for a no-fault divorce, where no party is required to provide a reason for leaving a marriage or is rendered at fault.

A no-fault divorce is based on the grounds that a marriage is simply not working out, is irretrievably broken, there are irreconcilable conflicts, or there’s no compatibility between the spouses.

Although no-fault divorces are prevalent in New York, some courts may require the filers to provide proof of why reconciliation is no longer an option. If one of the parties involved in the divorce claims that the reason for the breakup is marital misconduct, the court may consider that one party was at fault.

Our experienced and trusted divorce lawyer Brooklyn and divorce lawyer Queens, NY, use their learnings from past cases to guide couples who are considering divorce and provide sound and accurate legal advice.

In this blog, we’ve answered top concerns regarding no-fault and fault divorce to help you determine which option is the best for you.

On what grounds is fault determined? A married couple breaking up by filing a divorce.

A fault divorce in New York is granted when one of the spouses or both ask to file a fault divorce or based on the presence of one or more of the following grounds.

  • Cruel treatmentincluding emotional, physical, and verbal abuse
  • Imprisonmentfor a specified number of years
  • Desertion or abandonment (constructive or physical)for consecutive months or years
  • The physical inabilityof a spouse to perform sexual intercourse if it was disclosed after marriage.
  • The spouse was engaged in the act of adulterywhile in the marital bond.

Talk to a Reliable Divorce Lawyer in Queens or Brooklyn About Your Case

When a marriage is no longer reconcilable, divorce is the last and the best resort for the well-being of both partners, their children, and other family members.

If the decision is mutual, the settlement won’t be very costly. However, wronged or ill-treated spouses could still seek a fair settlement for all they’ve gone through by claiming a fault divorce.

Whether you’re considering a fault or no-fault divorce, our divorce lawyers in Queens and Brooklyn have unparalleled litigation skills to improve your chances of winning the case. To schedule a consultation for our family law services Brooklyn or family law services Queens, connect with our associates at 347-395-4799 today!

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