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What are the advantages of a no-fault divorce?

We hear the phrase "no-fault" in a lot of different legal contexts. For example, we hear the phrase when talking about no-fault car insurance, and in a family law context, we hear it when talking about no-fault divorces. But what is a no-fault divorce and what are its benefits? Essentially, a no-fault divorce doesn't seek to blame the break-up on the other spouse. Rather, it intends to leave the matter open and blameless.

In the not-so-distant past, no-fault divorce didn't exist. In order to break away from a spouse, husbands and wives had to show that the other spouse did something wrong to necessitate the breakup. For example, one spouse might say that the other spouse was abusive, had a dangerous substance abuse problem, committed adultery or committed some other kind of crime. With the no-fault divorce, this kind of blaming isn't necessary anymore, resulting in more peaceful divorce proceedings for New York residents.

Let's look at some of the benefits of a no-fault divorce:

  • A faster divorce process
  • A less expensive way to dissolve your marriage
  • The emotional stress on the family and children is markedly reduced
  • Fewer chances of the divorce causing bouts of domestic violence due to disagreements that could come in response to blame

There are other types of divorce available to separating spouses in New York. Make sure you understand all of the options available to aid you in separating from your spouse before you begin your divorce proceedings. By understanding the benefits and advantages of these different divorce "styles" you will be able to choose the most appropriate one for your and your family's needs.

Source: Seeking Alpha, "Should You File For No Fault Divorce?," Russ Thornton, accessed June 15, 2018

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