When Is A Divorce Fault-Based Versus No Fault?

New York’s legislation, like every other state, allows couples to file for a no-fault divorce. This is typically based on the grounds that the marriage is irretrievably broken. While no-fault divorces are quite common, some family court judges may require proof of the inability for the parties to reconcile. If a divorce petition cites marital misconduct as the reason for the breakup, then the law may determine that one spouse is at fault.

Our experienced lawyers draw upon past cases to provide reliable legal advice. Allow us to help you determine which divorce option is right for you. Let Cedeño Law Group, PLLC, help you effectively assert your legal standing today.

How Is Fault Determined And Why Does It Matter?

Although a no-fault divorce could preserve a parent-child relationship and spare legal fees, it might not be the right choice for everyone. If you feel that your situation merits a fault-based verdict, speak to an attorney at once. Keep in mind that an at-fault divorce could mean extended trials and a lengthy resolution time.

A judge may approve a fault-based divorce on the following grounds:

• Cruel or inhumane treatment — Physical, emotional or verbal abuse
• Imprisonment — A spouse was in prison for a consecutive number of years
• Abandonment — Physical or constructive abandonment of a year or more
• Adultery — Must prove that a spouse committed an act of adultery during the marriage

Because of the stakes in a fault-based divorce, it is crucial to understand what determines fault, before you take action. Discuss your circumstances with one of our attorneys. We can help you build evidence in support of your position.

Talk To A Skillful Litigator About Your Case Today

When a marriage breaks down, divorce may be necessary for a couple and their family. If the decision to divorce is mutual due to irreconcilable differences, it will likely be less expensive to settle. But, this does not mean that a wronged spouse cannot seek a fair outcome through a fault divorce.

Whether your divorce case is no fault or fault-based, we have the formidable litigation skills you need to improve your success. To schedule your consultation with our New York City family law attorneys, call 212-235-1382 or fill out the online contact form today.