Are you or your spouse getting ready to part ways? There is a lot to think about when you are heading towards divorce. In NYS, you can file for fault divorces if one spouse is at fault for the divorce.
Our Rochester divorce lawyer knows how overwhelming it can feel for someone in the beginning stages of a divorce. Please do not hesitate to reach out to our office right away. We can get you set up with a consultation right away.
Grounds for Fault Divorces
There are several reasons why a court would grant you a fault divorce. The grounds for divorce when one spouse is at fault have to fit certain categories.
You may be able to file a fault divorce if your spouse has been cruel. That could be by inflicting unnecessary pain either physically or emotionally.
If your spouse has committed adultery (cheated on you), that would be grounds for a fault divorce. Further, if your spouse is unable to have sexual intercourse, but they did not tell you about this before you were married, you can file for fault divorce.
You may also be able to file against a spouse who has either abandoned you or has been in prison. If they have been imprisoned for over three years or more, you are eligible for fault divorce. If you have been living apart for more than a year, you become legally separated from them.
Lastly, if you find that your spouse is incurably insane, you can file for fault divorce.
How Do Fault Divorces Work?
If you file for divorce on the grounds that one spouse is at fault, it can impact the way the divorce proceeds. If you have one spouse at fault for causing the divorce, it is important to note that the way your assets are divided, particularly property, can be impacted.
If a court recognizes that one spouse’s behavior has caused the divorce, they may be willing to give more to the spouse who is not at fault. The spouse who is innocent may end up with a larger amount of the marital assets and property.
Fault can also impact the way alimony plays out. New York has particular sets of rules regarding who gets alimony or spousal support. When one spouse is at fault, that can impact the way it works out.
Do I Need a Lawyer?
You should never enter into a legal scene without representation if you want things to go fairly for you. Being unrepresented is a mistake, especially for fault divorces.
When there is contention between you and your spouse, you are more likely to end up with a lot of issues that need to be handled in court. If you do not have a lawyer for this process, it can put you in a place where you get walked all over by your spouse and their legal team.
While you are technically allowed to go through a divorce without a lawyer, it is not worth risking the outcome. Odds are you are going to be far happier with the outcome if you have a lawyer in your corner. You will likely regret not hiring a lawyer.
Call Our Rochester Divorce Lawyer Today
If you are looking for a Rochester divorce lawyer who has experience handling fault divorces, please reach out to our office right away. We are committed to helping our community deal with the obstacles that come with divorce.
When you are ready to have a skilled lawyer guide you through your case, please reach out to us right away. We would be glad to get you set up with a consultation with our Rochester divorce lawyer.