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Does Marital Fault Play a Role in NY Divorces?

Does Marital Fault Play a Role in NY Divorces?

If you are filing for divorce, you most likely have a myriad of questions running through your mind, especially related to how you begin the process and what you need to file. Typically, in order to file, a spouse had to show that adultery, cruel treatment, or other similar action had occurred, warranting the request for divorce.

As of October 12, 2010, New York began permitting "no fault" divorces, allowing spouses to file for divorce claiming only that their relationship had irretrievably broken down for at least 6 months or longer. This does not mean that the state repealed the fault grounds for divorce, but these grounds are no longer necessary to obtain a divorce. In many cases proving fault for a divorce can be costly and time consuming. With the ability to file "no fault" divorces in the state of New York, it paves the way for a potentially much simpler process for all parties involved.

Could fault still affect how marital property is distributed in your divorce?

The answer is typically no, the courts do not take these things into consideration for economic decisions. However, there are certain exceptions for actions of "egregious conduct," including violent physical abuse.

Call for a free consultation with our NY divorce firm!

To learn more about how The Virdone Law Firm, P.C. can help you file for divorce in Long Island, do not hesitate to call for a free initial consultation. We offer personalized legal solutions from a top rated NY divorce and family law attorney.

We serve all of Nassau County, Suffolk County and Queens County, NY.