A couple seeking a divorce must prove they have just reasons for ending their marriage. The spouse seeking marriage dissolution must cite one of the legal grounds established under state law in their initial divorce filing.
These grounds fall into two categories: fault-based and no-fault. The ground you choose can make a big difference in how the divorce process unfolds. Once you have a clear understanding of your options and their implications, you can choose the divorce grounds that may best further your goals. Talk to a local family attorney about the differences between fault and no-fault divorce in Troy.
Anyone seeking a divorce must cite a reason or grounds for the end of the marriage. The terms “fault” and “no-fault” in the context of family law refer to the grounds someone cites when they file a divorce petition.
The fault-based grounds for divorce require a spouse to prove their partner committed a specific form of misconduct. Using a fault-based ground often prolongs the legal proceedings and increases the emotional intensity. However, there can be advantages to citing a fault-based ground. Someone considering divorce who has fault-based grounds should discuss the implications with a Troy attorney.
When someone cites a no-fault ground in their divorce petition, they do not need to prove their spouse’s conduct caused the marriage to fail. Citing no-fault grounds does not mean a divorce is uncontested. A couple may have to litigate issues relating to property division, alimony, child support, and co-parenting arrangements, even if they choose to pursue a no-fault divorce.
The legal grounds a couple may cite as the reason for their divorce are described in New York Domestic Relations Law §170.7. Most of the available grounds are fault-based.
Anyone choosing to cite a fault-based ground must have proof of the misconduct they are alleging. The fault-based grounds for divorce are:
Sometimes, people choose to cite fault-based grounds in hopes that doing so may offer an advantage in property division or child custody determinations. It is possible to bring a spouse’s financial misconduct or dangerous behavior to a Court’s attention without pursuing a fault-based divorce. A spouse should speak with a Troy attorney about whether they can achieve their goals in the divorce without resorting to fault-based grounds.
A divorce on no-fault grounds makes the most sense for many couples, allowing them to divorce without alleging spousal misconduct. Instead of citing specific misconduct, the filing spouse indicates that their marriage has broken down, their differences are not reconcilable, and the situation has persisted for at least six months.
The spouse who files for divorce must make a sworn statement that the marriage is irretrievably broken. The sworn statement is all the proof the Court needs that the ground for divorce is valid. The Court will grant the divorce once the parties submit written agreements on property division, alimony, child support, and co-parenting arrangements for the child/ren.
Before the state enacted the law allowing no-fault divorce in 2010, separation was the option available for couples hoping to avoid having to prove spousal misconduct. Living separately for at least one year and having a written separation agreement or judicial decree of separation remains a valid ground for divorce.
Asking a Court for a divorce is a big step. Determining what grounds to cite may affect the proceedings themselves as well as their outcome. Do not choose the grounds for your divorce without understanding the implications of your decision.
Schedule a complimentary consultation with a local family lawyer to discuss fault and no-fault divorce in Troy. Once you understand all the ramifications of your selection, you can choose how you wish your divorce to proceed. Call The Colwell Law Group today.
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