In New York, a divorce can be based on either no-fault or at fault grounds.

Not all divorces are the same. There are actually many different kinds of divorces, but two of the most common categories are no-fault and at fault. In a no-fault divorce, neither spouse has to prove that the other one did anything wrong in order to get divorced. One of the most common grounds for a no-fault divorce is an irretrievable breakdown of the relationship for a minimum for six months. Prior to 2010, the state of New York only recognized divorces upon separation or fault-based criteria. On August 15, 2010, the law changed when no-fault divorce was signed into law by Governor David Paterson.

What is an at fault divorce?

An at fault divorce simply means that one spouse was at fault. Here are the traditional grounds for an at fault divorce:

  • Cruelty (includes both physical and emotional cruelty)
  • Desertion (usually for a set period of time)
  • Prison Confinement (usually for a set period of time)
  • Adultery
  • An Inability to Engage in Sexual Intercourse (not disclosed before the marriage)

In cases with disputes about child custody or the division of property, establishing fault could be advantageous. Additionally, with an at fault divorce, there is no need to wait until the period of separation has ended to get divorced.

Whether your divorce is an at-fault divorce or a no-fault divorce, our divorce lawyer in Hauppauge, Catherine E. Miller, has you covered. We offer hour-long, complimentary consultations, and we’d be happy to help! Contact us today to schedule yours!