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Considering divorce? You have 2 options

There are two kinds of divorces, fault and no-fault. Each one is a little different, but the results are the same in the end. You can get a divorce in New York whether you have a fault to claim or not.

To decide which way to start the divorce, you need to look at what happened in your marriage. For an at-fault divorce, you have to show that there was a fault. You might, for example, show that the other person committed adultery. This would be a good fault to use. Another might be abandonment or cruelty.

Fault divorces aren't common, though, and they aren't necessary. However, filing a fault can help a judge better understand your circumstances when you enter into a divorce.

No-fault divorces are different because they focus on separating two people who have irreconcilable differences. If you don't think you can save your marriage, then that is enough to seek a divorce in the United States today.

Why would someone choose to enter a fault during a divorce?

The main reason today is that it allows for them to skip the waiting period for the divorce. In a no-fault divorce, the waiting period is one year; both parties must live separately during this time before they can file for divorce. In an at-fault divorce, this period would be eliminated, allowing both parties to move forward with the divorce right away.

Deciding which one to use isn't always easy, but looking at the situation practically can help. In either case, you will be able to achieve a divorce in the future.

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