Getting a divorce is never easy or simple, even when it occurs on the best of terms and there is little argument on important legal matters. However, for some people, one method of reducing the potential issues involved is to get what is known as a “no-fault” divorce. But what exactly is a no-fault divorce, and how can it possibly benefit you?
What is a No-Fault Divorce?
In simple terms, a “no-fault” divorce is a type of divorce where a spouse seeks a divorce based on “an irretrievable breakdown of the marriage.” In essence, one spouse claims that the relationship between them and their spouse has broken down for six or more months, to the point where they cannot reasonably hope to repair it. Thus, rather than continue to live in a relationship they do not want to be in, they seek a divorce.
What Makes it Different From More Traditional Divorce?
The no-fault divorce was created as an alternative to more traditional “fault-based” divorce, which typically required someone to prove some kind of misconduct by their spouse in order to get a divorce. This meant, for example, needing to obtain proof of adultery, domestic abuse, or abandonment, which could often be difficult, time-consuming, and expensive.
What Are the Benefits of No-Fault Divorce?
The biggest benefit of a no-fault divorce is that you do not need to prove that your spouse did anything wrong to get a divorce, avoiding the acrimony that might result from such an accusation. It can also avoid harm to your family or reputation that may result from trying to prove your spouse was at fault.
Is a No-Fault Divorce Appropriate For You?
That being said, no-fault divorce is not necessarily appropriate for every situation, and some people can benefit from pursuing a more traditional fault-based divorce, which still exists in New York. However, to understand what may work best for you and your family, you should contact a lawyer with experience handling family law claims. They can help you go over your case, and devise a legal strategy that best suits your needs.
The Virdone Law Firm is here to assist Long Island families with all of their family law, elder law, and estate matters. We pride ourselves on providing unparalleled legal representation with a foundation in personalized client service. To learn more or schedule a consultation at our Westbury office, give us a call at (516) 570 - 3875, or visit our contact page.