What is No-Fault Divorce?

A “No-Fault Divorce” is a divorce a court may grant, without you having to prove your spouse is at fault. According to Kyle Persaud, Esq, "Earlier in American history, to get divorced, you generally had to prove to a judge that your spouse had committed some type of misdeed that harmed the marriage. This was called “fault divorce.” "

States Loosened Their Divorce Laws Beginning in the 1930's
As we moved into the 20th Century, specifically from the 1930s through the 1980s, states began to loosen their divorce laws and today, all U.S. states allow no-fault divorce.  There are still some states that allow fault-divorce, based on certain grounds, but overall, what we are dealing with throughout the country is the ability to file for no-fault divorce.

What is No-Fault Divorce?
No-fault divorce means you "do not have to prove that the marriage is coming to an end because of something that is the other spouse's fault. All that has to be proved and stated in your divorce papers is that the marriage has been “irretrievably broken" for at least six months."

Is New York Fault or No-Fault?
When it comes to The Empire State, technically speaking, New York is not a true no-fault state. There are still grounds for divorce, although many people are now filing for divorce under the easier no-fault law.

No-Fault Divorce Saves Time and Money 
One of the reasons for people opting to file under the no-fault law is that  New York divorce used to be one of the most expensive court proceedings in the state. Fault-based divorces, where one of the spouses was “at fault"—such as by committing adultery or by abandoning the other spouse—could take a very long time to prove and thereby incurring huge legal costs.

In 2010, New York became the last state to allow no-fault divorce and as a result, this has lessened extended trials just to prove the grounds for divorce. This has allowed for an easier and less costly process.

Requirements for Granting a Divorce
It can be said, generally speaking, that a no-fault divorce focuses on the finances and the best interests of the children, because a divorce will not be granted unless all the issues of child support, spousal support, distribution of property, custody, and visitation have been decided by the court or have been agreed upon by the parties.

There is no question that divorce is an expensive proposition, causing a great deal of emotional turmoil, however, being able to file no-fault simplifies the process slightly.

Till next time,
Elisa