Brooklyn, NY – New York allows for no fault divorces, but remnants of the traditional fault based system of ending a marriage remain under state law as well. Because New York was the last state in the country to allow no fault divorces, it can be helpful for anyone who is considering a divorce to speak with an attorney about the differences because these types of divorces and decide which is the best option. The lawyer will recommend a course of action based on the individual’s personal situation and needs.
Fault based ways to end a marriage
There were a number of historic grounds for divorce that can still be utilized in New York. This process essentially involved proving that one spouse was responsible for abandonment, inhumane actions against the other, adultery, or serving a long term prison sentence. For previous generations, these were the only ways that a marriage could be formally ended through the court system.
The main problem with the fault based system was that trials related to these kinds of misconduct could become very lengthy and costly. A number of situations where couples wanted to separate before no fault divorces were available even involved staged adultery or plans to create a situation where fault based grounds could be utilized if there was no other option to end their union.
No fault divorce
The no fault system is a more convenient way to end the marriage for many couples filing today. One or both spouses can simply say that the marriage has broken down and there is no prospect of reconciliation. While issues like adultery and abuse may be involved, the specifics of why the marriage has fallen apart are not important. The couple only needs to meet some basic requirements related to residency and follow the relevant filing procedures.
No fault divorces can be especially convenient for those who were involved in short term marriages with few disagreements or issues related to property division. However, when a couple has been married a long time and there are lots of shared assets, property, and children involved, the likelihood of having a simple divorce settlement becomes more remote. Legal advice should be considered before making any of these important decisions related to the best way to end a marriage, as the complexity and duration of divorce cases can vary greatly.
Legal assistance with family law issues
Divorces, custody hearings, alimony and support payments, along with related family court issues are significant life events that require careful assistance from a licensed attorney. Elliot Green Law Offices is available to help local clients in the Brooklyn area successfully work through these problems.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201