No-Fault divorce involves a divorce which can be obtained without either of the parties to the marriage having to allege or prove the other party has in some way, form or manner misbehaved. Almost all of the States in the United States today have some form of a no-fault divorce law on the books. The grounds for a no-fault divorce in the State of New York is called “irreconcilable differences”. The party alleging the irreconcilable differences has to indicate that the irreconcilable differences have existed for six (6) months or more. The party alleging the irreconcilable differences does not have to specifically state what the irreconcilable differences are just that irreconcilable differences have existed for six (6) months or more.
No-fault divorce is easier for the courts in New York to deal with and less expensive for the parties to prove.
An Easier Path
No-fault divorce is an easier route to ending a marriage. It avoids expensive litigation. It is faster than pursuing a fault based ground for divorce. No-fault divorce can also be less traumatic for the children. In no-fault divorce situations the parties do not have to air their dirty laundry allegations in their legal documents or make a detailed fault presentation in court.
The parties to a marriage can obtain an uncontested divorce when all financial issues, custody issues, division of property issues and all other matters have been worked out by the parties or their attorneys.
It is less costly and a lot less aggravating when the parties or their attorneys are able to amicably resolve all the issues in a divorce. Litigation can be expensive and take a lot of time.
The law firm of Schlissel DeCorpo LLP has been representing clients for more than 40 years in divorce cases. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at INFO@sdnylaw.com.