What’s the Difference Between No-Fault and At-Fault Divorce?

New York is one of several states that allows couples to file for a no-fault or an at-fault divorce. If you live in the state, it is important to understand the differences between these two categories.

At-fault divorce

A fault-based divorce can be granted if the required grounds for granting such a divorce are present and if at least one spouse asks for the divorce to be granted on fault-based grounds. The most common fault-based grounds include the following:

• Adultery
• Cruelty (the unnecessarily infliction of emotional or physical pain)
• Desertion for a specific period of time
• Imprisonment for a certain number of years
• Inability to consummate the marriage in such a manner that was not disclosed before the marriage

The primary advantage of a fault-based divorce is that it can speed up the process, allowing divorcing couples the opportunity to bypass the state’s required separation period. There are also some circumstances in which fault-based divorce may provide the spouse who was not at fault with some benefits when it comes to the division of marital property and alimony.

No-fault divorce

A no-fault divorce is any type of divorce in which the person seeking it does is not required to prove that the other spouse did anything wrong. This is allowed in every state. Typically, the spouse filing for divorce will declare a reason, such as “irreconcilable differences” or an “irretrievable breakdown of the marriage.”

For further guidance on your options if you plan to seek a divorce in the state of New York, contact a skilled Long Island family law attorney with Bryan L. Salamone & Associates.