No-Fault vs. Fault-Based Divorce: What are the Differences?

New York City, USA at the Brooklyn Bridge and East River.

Divorce can be a complicated and confusing process, especially if you don't know the laws and regulations surrounding it. In New York, individuals have the option of filing for a no-fault or a fault divorce. The type of divorce you choose will impact the entire divorce process, so it's important to understand what each type entails. The team at Eiges & Orgel, PLLC is here to provide you with more information on these options.

No-Fault Divorce in New York

New York was one of the last states to introduce no-fault divorce, which means that prior to 2010, individuals had to provide reasons, or grounds, for their divorce. This made the divorce process in New York more difficult and challenging for couples.

On the other hand, no-fault divorces are based on irreconcilable differences and may take between 0–6 months from start to finish (excluding appeals). This is often the best option for couples who want an uncontested divorce. However, no-fault divorces may still involve disagreements about alimony payments and child custody issues.

Regardless, when a couple does not have a specific ground for divorce, they may find that a no-fault divorce is the best option for ending their marriage.

Fault Divorce in New York

Before no-fault divorces were introduced in New York State, fault divorces were the only option available. Fault divorces require one spouse to prove that the other spouse acted in such a way as to justify ending their marriage.

What are the grounds for a fault-based divorce? The following include examples:

  • Adultery or infidelity from one spouse.
  • Cruel or inhuman treatment creating unsafe conditions for spouses.
  • Abandonment from a spouse for a year or more.
  • Imprisonment of one spouse for three or more years after the marriage.
  • Living apart for one or more years after obtaining a judgment of separation.

Fault divorces are often more difficult because they involve proving wrongdoing on either side. They can also be more expensive because they may require court appearances and extensive legal documentation. For these reasons, it is especially important to work with an experienced attorney when navigating these cases– like the team at Eiges & Orgel, PLLC.

Selecting The Best Route

When deciding whether to file for a no-fault or fault divorce in New York State, it’s important to consider all aspects of each type of divorce before making any decisions.

Although no-fault divorces are often simpler and shorter than fault divorces since there is less paperwork involved, this does not mean that all issues will be resolved easily during this process—especially when it comes to matters like alimony payments and child custody arrangements. It is just as possible for these matters to become contested and require court intervention. This is why it is important to work with an attorney even if there is no fault involved in the case.

However, if fault is at play in a divorce, it is likely to be more complicated from the onset. For example, if a spouse has been abusive or neglectful, they may become more agitated and resentful with the news of a divorce. When a situation is already complex, it is important to prepare extensively with a legal representative, such as the team at Eiges & Orgel, PLLC. An attorney will be able to assist in gathering evidence to prove the grounds and will prioritize safety above all else.

If you’re considering filing for a divorce in New York State, make sure you understand how different types of divorce may affect your case before taking any steps forward.

Needing Assistance in NYC? Try Eiges & Orgel, PLLC

When you need assistance with a divorce in New York City, Eiges & Orgel, PLLC is the team you should turn to. Whether you have a specific reason for your divorce, or if you and your spouse are just no longer working out, we are prepared to help. Contact us for an initial consultation to get started on your case.

Related Posts
  • Who Gets the Pets in a Divorce? Read More
  • Navigating High-Asset Divorces in the Big Apple: Insights from New York's Elite Read More
  • Breaking Up and Moving Out: Navigating Co-op Divorces in New York City Read More