Brooklyn, NY – The most common type of divorce in the United States is a no fault divorce. This is when one or both members of the couple say that their marriage has broken down and they need to separate. A no fault divorce can be obtained for any reason at all, and the only justification needed is that at least one spouse wants to end the marriage.  

New York was the last state to adopt no fault divorce laws. This type of separation is available to any couple, however, there are also fault based divorce laws on the books. While most couples will probably want to choose to go through the process for a no fault divorce to separate, each party to the divorce should get their own attorney to explore their options.

Fault based divorces

There are a few reasons that a person can pursue a fault based divorce under New York’s laws. These include adultery, abandonment, imprisonment, and domestic violence. There needs to be specific evidence demonstrated that the behavior in question happened before the divorce will be granted, and New York has fairly specific requirements for each legal ground. 

For example, if a spouse wants to divorce and use the ground of imprisonment, they must prove certain facts. The imprisoned spouse needs to have started their sentence after the marriage began, and they need to have actually served three or more years of a sentence of incarceration. If the sentence is shorter, or the legal requirements are not met for other reasons, the divorce cannot be granted by a judge. 

If a spouse wants to divorce for domestic violence and cruel treatment, this is possible, but there are specific requirements in this situation as well. All of the incidents of violence and mistreatment need to have occurred within the prior five years to when the divorce case was filed, and older incidents cannot be introduced. 

The benefit of a no fault divorce

In most cases, it will be simpler, less time consuming, and more cost effective to choose a no fault divorce. This is because even if issues such as imprisonment and domestic violence are present, there does not need to be any specific evidence presented or trial regarding the conduct in question. The court can start the process to end the marriage as soon as the filing requirements are met, which is efficient for most couples. 

Family law firms in New York

Elliot Green Law Offices is a firm in Brooklyn that helps local clients with divorces, child custody issues, support payments, and other aspects of family law. Anyone who needs assistance with these matters can contact the firm to speak with an attorney. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201


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