What is No-Fault Divorce?

What is No-Fault Divorce?

If you are considering filing for divorce, there are several things you should know, including the difference between no-fault and fault-based divorce. The type of divorce you choose will most likely drastically impact its outcome, so you should always first consult with an experienced attorney so you know you are making the best decision for you. Please read on and reach out to our experienced Nassau County divorce attorney to learn more about how our firm can help you through the legal process going forward. Here are some of the questions you may have about fault grounds and how they may apply to you:

What fault grounds can I cite in a Nassau County divorce?

Once the court establishes jurisdiction over your case and you’ve satisfied your residency requirement, you may then go on to either file a fault-based or a no-fault divorce. In Nassau County, some examples of fault grounds can include adultery, abandonment, or confinement to a prison or mental hospital for at least 3 years. Though there are few things more damaging to a home than an unfaithful spouse, the truth is, our firm will very often recommend that you do not cite fault grounds. Many spouses assume citing fault grounds will help their case in the long run, however, oftentimes, it does not.

Instead, citing fault grounds opens you up to a slew of legal complications, as your spouse can now rebut, challenge or outright deny your accusations. This generally makes for a far longer, more complicated legal process, especially if your spouse does not want a divorce. That is why in most cases, people will instead file a no-fault divorce.

What is a no-fault divorce?

Generally, no-fault divorce simply means that you do not need to prove fault grounds to be granted your divorce. Many spouses prefer this method of divorce as it is often quicker and less confrontational. That being said, just because you choose no-fault divorce does not mean that your divorce won’t enter litigation. If you and your spouse are in a contested divorce, you will almost surely begin the litigation process, unless you choose an alternative method of divorce, such as mediation. If you are ready to file for divorce, ensure you retain the services of a compassionate, knowledgeable Nassau County divorce attorney who truly cares about your best interests.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

Read Our Latest Blog Posts

  •  Does New York Have Permanent Alimony?
  •  Can Children Express Preference in New York Custody Proceedings?
  •  What Should My Prenuptial Agreement Cover?