Traditionally, a divorce requires one of the spouses to produce evidence pointing to the other spouse’s wrongdoing as the reason for the end of the marriage. However, the laws in many states have changed, allowing for a divorce type called no-fault divorce. Learn what a no-fault divorce is and whether residents of New York are allowed to get this type of divorce.
What Is a No-Fault Divorce?
A no-fault divorce is where the spouses wish to end their marriage due to irreconcilable differences, but neither party blames the other for the deterioration of the relationship. In other words, one spouse is not pointing the finger at the other spouse for any action that led to the divorce, such as adultery or domestic violence.
To initiate a no-fault divorce, you and your spouse must agree that your marriage is not repairable and that you wish to go your separate ways. If you and your spouse can also decide on other aspects, such as child support and property division, you may consider seeking an uncontested divorce.
Do You Have to Prove Any Wrongdoing in a No-Fault Divorce?
In a fault-based divorce, one side has to come up with evidence to support their case and expose the other spouse’s actions to the court. The goal is to get justice and receive favorable treatment at the time when property division and custody and support orders are issues.
However, in a no-fault divorce, there is no requirement for any type of evidence. All you need to do is to mention your marriage is irretrievable due to personal issues and that both sides agree to get a divorce.
Is a No-Fault Divorce Quicker Than an At-Fault Divorce?
Any type of divorce can be emotionally draining, even when both sides are in agreement. For that reason, many choose to get a no-fault divorce. This type of divorce involves fewer motions and delays, and because the spouses both wish to end the marriage, the level of conflict is reduced. A no-fault divorce is less time-consuming and potentially much less expensive than a fault-based, fully litigated divorce.
Do I Need an Attorney for a No-Fault Divorce in New York?
Just because you are getting a no-fault divorce does not mean you should risk giving up your rights. An attorney can help you navigate the divorce process and protect your interests. If you plan to get divorced, talk to a seasoned divorce attorney as soon as possible.