When a couple seeks to dissolve their marriage contract, they may begin to wonder what their options are. Sometimes, one partner accuses the other of some form of wrongdoing, which must be proved in court. But more often, no wrongdoing is alleged. This is when you want to hire a no-fault divorce lawyer.
The end of a marriage isn’t just emotional or social. It’s a complex legal process, as well. And hiring a no-fault divorce lawyer can make that process simpler and fairer.
What Is No-Fault Divorce?
No-fault divorce is the dissolution of a marriage partnership in which neither spouse accuses the other of wrongdoing. To initiate a no-fault divorce, a spouse will cite “irreconcilable differences,” “incompatibility,” or an “irretrievable breakdown” of the marriage.
No-fault divorce is different from uncontested divorce. No-fault divorce specifically describes the initiation of the divorce process. In an uncontested divorce, both parties agree to separate and reach an arrangement regarding asset distribution, child support, custody rights, etc., without a judge’s involvement. Once the process has begun, the terms of a no-fault divorce may be either uncontested or contested, depending on whether the parties involved come to terms and want to avoid going to court.
What Is Fault Divorce?
Couples initiating a no-fault divorce don’t have to prove wrongdoing. Those initiating a fault divorce, however, do. In the state of New York, there are 7 grounds for fault divorces:
- Abandonment
- Adultery
- At least 6 months of irretrievable breakdown in the relationship
- A choice not to reunite following 1 year of legal separation
- Cruelty or “inhuman treatment”
- Imprisonment, if your spouse is in prison for at least 3 consecutive years following your marriage
- A judgment of separation granted by the state Supreme Court
A plaintiff can file for a fault divorce upon immediate discovery of a spouse’s wrongdoing.
Fault divorces are costlier than no-fault divorces and are generally less amicable. But because they hinge on a breach of the marriage contract, fault divorces typically result in the plaintiff receiving a greater share of property or alimony. If you’re looking to file a fault divorce, only an experienced lawyer can gather the kind of evidence you need to prove wrongdoing.
New York State Law
New York legalized no-fault divorce in 2010. It was the last state to do so, to the frustration of those who saw the delay as denying couples a simpler way to end their marriage.
Along these lines, South Dakota’s chapter of the American Civil Liberties Union (ACLU) argues that the drawn-out, proof-driven process of traditional fault divorce leaves many people stranded in abusive marriages and vulnerable to domestic violence.
Historically, no-fault divorce has been particularly beneficial to women in terms of decreases in:
- Domestic abuse
- Intimate partner homicide
- Suicide
What Process Does a No-Fault Divorce Lawyer Follow?
To be granted a no-fault divorce in the state of New York, a couple’s marriage has had to be in irretrievable disrepair for at least 6 months. That couple must also meet certain residency requirements.
Generally speaking, the benefits of no-fault divorce include:
- Greater privacy, as there is no need to prove wrongdoing
- Reduced cost, due to the simplified legal process
- Reduced hearing time, thanks to the more straightforward process
- Reduced time to completion, as it skips long, drawn-out court battles over who’s to blame
No-fault divorce is filed unilaterally, which means that one party files and the other can’t contest the grounds for divorce. However, whether you are the spouse filing for divorce or the responding spouse, you can contest the terms of the divorce, such as property division, child custody arrangements, spousal support, and visitation rights.
A no-fault divorce lawyer can discuss whether or not to contest a no-fault divorce. With decades of experience, Michelle Cimino will guide you toward the path that best protects your future.
Contact Michelle Cimino Today
Ending a marriage is one of life’s most significant decisions, and navigating the legal system without guidance can leave you feeling overwhelmed and unprotected. An experienced no-fault divorce lawyer makes sure your voice is heard and the process moves forward with as little conflict as possible.
If you’re ready to move toward a fresh start, schedule a consultation with Michelle Cimino today and take the first step toward a fair, efficient resolution.
