Sitio web en Español: 

24/7/365 Emergency Hotline: 631-348-1702

Group Photo
group-photo-2024
slide-image-4-mcguire-pelaez-bennet-badge
previous arrow
next arrow

24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

What Makes a Divorce “No-Fault?”

There is a chance you have heard of “no-fault” divorce, especially if you have been considering getting a divorce yourself. For many people, it can seem like an odd term, especially when many no-fault divorces still wind up being incredibly contentious. But what is it that makes no-fault divorce special, and what is the alternative?

Defining “No-Fault” Divorce

A divorce is considered to be a no-fault divorce when neither side alleges any wrongdoing as a justification for the divorce. Instead, under New York State law, they simply need to allege that there has been an irretrievable breakdown of the marriage for six months or longer. In other words, it allows you to break up your marriage by simply saying that things are not working out between you two, and things have been that way for at least half a year.

This is in contrast to more traditional “fault-based” divorce, where one spouse would need to allege some kind of problem with the marriage to justify breaking it up. In those cases, you would need to show one of six “faults” that would be the cause for the divorce:

  • Cruel and inhuman treatment
  • Abandonment (One year or longer)
  • Imprisonment (Three years or longer)
  • Adultery
  • Living apart after obtaining a judgment of separation (One year or longer)
  • Living apart after getting a separation agreement (One year or longer)

The Benefits of No-Fault Divorce

The biggest benefit to no-fault divorce is not needing to prove a fault to be able to get a divorce from your spouse. This means you can get a divorce regardless of whether you or your spouse engaged in any wrongdoing. Provided you can show you have been in an irretrievable breakdown with your spouse for six months or longer, you can go forward with a divorce with minimal issues.

Compare this with trying to get a divorce under a fault-based model, where you could be locked into a months-long legal battle trying to prove your spouse engaged in some kind of wrongdoing to justify the divorce. Not only would this be potentially a long and expensive battle, but it could be emotionally fraught as well, and if you could not prove a fault, you might still be stuck with your spouse in the end. No-fault divorce, by comparison, makes the entire process a lot smoother.

No-Fault vs. Fault-Based Divorce

In New York, although no-fault divorce is now available to everyone, fault-based divorce is still around for anyone who wants to seek it. And, despite the advantages provided by no-fault divorce, some people may be tempted to try it. But is there an advantage to going with fault-based divorce, even when an easier alternative is available?

First, to get a no-fault divorce, you still need to prove there was an irretrievable breakdown in the relationship for six months or more, and the court may require you to demonstrate you waited at least that long before filing. Thus, in some cases, filing for fault-based divorce can mean getting through the process faster. In addition, allegations of misconduct by one spouse or another can weigh into decisions about distribution of marital property, child custody, or other issues that may arise during divorce proceedings.

If you have questions regarding divorce or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702.

Leave a Reply

Your email address will not be published. Required fields are marked *


The reCAPTCHA verification period has expired. Please reload the page.

Reviews

Response from the owner:Thank you very much for your positive review, Orlando. We appreciate you coming to us for legal assistance, and hope you consider us if you need any further help.
Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
Response from the owner:Thank you very much for your review, Joel. We are glad we could be of assistance. Please let us know if there are any future legal issues you need help with.
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Response from the owner:Maeve, we greatly appreciate you leaving your review. We are happy to have been of service, and hope we can help you again if you ever need any assistance with a future legal matter.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
js_loader
Skip to content