New York first passed no-fault divorce into law in 2010, substantially changing how divorce worked across the state. This potentially gave people who wanted to divorce in New York much more freedom to end an otherwise tumultuous relationship that no longer was working out. But what exactly is no-fault divorce, and why does that potentially matter for people seeking divorce?
What is No-Fault Divorce?
No-fault divorce refers to a type of divorce where a spouse can seek an end to their marriage based purely on “irreconcilable differences.” In other words, they do not need a specific reason as to why their marriage is breaking up. They just need to say that the marriage has not been working out (for a minimum of six months) and that there is no realistic way that they will be able to reconcile whatever problems exist in their relationship.
What is the Alternative to No-Fault Divorce?
Prior to the implementation of no-fault divorce, New York was a fault-based divorce state. This meant that, in order to get divorced, you need to prove you met one of several legal grounds, or else you would have to stay married. These grounds, which are still in place in New York, are as follows:
- Cruel and inhuman treatment
- Abandonment for a continuous period of one year or more
- Imprisonment for three or more years after the parties were married
- Adultery
- Living apart for one or more years after obtaining a judgment of separation
- Living apart for one or more years pursuant to a separation agreement
What Are the Benefits of No-Fault Divorce?
The biggest major benefit of no-fault divorce, compared to fault-based divorce, is that there is no need to demonstrate any kind of wrongdoing on the part of your spouse to get a divorce. This significantly reduces the complications that might otherwise come from seeking a divorce, such as needing to prove adultery or abandonment, or needing to get a separation agreement or judgment of separation first. This allows people to get out of a bad marriage easier, more quickly, and with less risk of legal complications.
What Should I Do if I Am Getting Divorced?
If you are looking to get divorced, or are already in the process of getting a divorce, you should not do it alone. You should speak to a lawyer with experience handling divorce and family law matters, who can advise you on your best course of action. That way, you can make sure you get the best possible outcome for your case.
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 or visit our contact page.
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