To get a divorce, you are required by law to tell the court the reason for the proceedings. Since 2010, every state in America recognizes “no fault” divorce petitions, meaning that you simply have to state that your marriage is irretrievably broken. Below we will briefly explain no fault divorce, separation periods and alimony.
Purely “No Fault” Divorces are Available in Some States
In some states, fault grounds are not recognized at all. In these situations, a petitioner must declare that they and their spouse have irreconcilable differences. You do not have to tell the court why the marriage is dissolving, or what the differences are. In a no fault divorce, neither spouse shoulders the blame for the breakup of the marriage.
In Some States, A Separation is All That’s Needed
In some no fault divorce states, proof of irreconcilable differences is not required. Here, merely living away from a spouse for a set amount of time is enough proof that the marriage is irretrievably broken. Separation periods range from six months to five years, depending on location, and some states require a separation before a petition can be filed due to irreconcilable differences.
Fault Requires Proof
Some states give petitioners the option of either a fault-based or no fault divorce. Fault grounds can include desertion, abuse, cruelty or infidelity. If you file for divorce due to one of these faults, you must be prepared to prove your case. If your proof does not meet the court’s standards, your divorce may not be granted. Your spouse has the right to defend themselves against your allegations by hiring one of the Divorce Attorneys Huntington NY
Fault, Property and Alimony
If you file for a fault-based divorce, your spouse may contest it because of its effects on property division, alimony and spousal support. In some states, marital misconduct such as abuse or infidelity can be used as determining factors in the above issues.
How a Divorce Attorney can Assist You
America’s divorce laws are complex, and every case is different. The above article was intended as a brief and general introduction to the topics within. For help and advice specific to your case, contact Karen A Casey Esq. LLC.