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The potential benefits of a no-fault divorce

When a marriage breaks down, it's not always true that one person is to blame. Sometimes, people grow apart over time and realize that they want different things from their lives.

Until 2010, New York law only recognized fault-based divorce grounds. This meant that one spouse needed to cite grounds such as adultery, cruel treatment or abandonment to file for divorce. However, in 2010, New York added no-fault divorces, making it possible to cite a separation of one year as grounds for divorce.

If you are considering filing for divorce in New York, it is important to consider what grounds you would like to cite. The following are some of the potential advantages of filing for a no-fault divorce.

Your spouse cannot object to the filing

If you file for divorce citing fault-based grounds such as adultery and cruel treatment, your spouse may be inclined to dispute this. If you cannot give solid proof that your spouse was adulterous or cruel, for example, you may have a difficult time making progress.

You do not have to share private details about your marriage

When you cite a specific fault-based reason for filing for divorce, you will need to go into detail about private aspects of your marriage. These details can become public information, and it can also be a traumatic and upsetting experience to relive such details in a court setting.

The divorce process will probably be less toxic

Going through a highly contested divorce is not good for anyone's mental health. It's particularly important to minimize toxic interactions if you have children, because this will, undoubtedly, negatively affect them. Going through a no-fault divorce will likely reduce disputes between you and your divorcing spouse.

You can focus on the outcome of the divorce

When you are less concerned about the reason for filing for divorce, you can concentrate more on the outcome. This allows you to spend more time and effort on the important and contentious aspects of divorce such as the property division process and child custody arrangements.

The divorce journey is different for every divorcing couple. While filing for a no-fault divorce has its advantages, it's not always the ideal choice. The best route for you will depend on your individual situation, so it is a good idea to explore all possibilities.

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Jay S. Baum Attorney at Law
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