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Choose the right divorce for your situation

There are two kinds of divorce you can choose between, fault and no-fault. These types of divorces are only a little bit different, but those small differences could help you decide which is the best option for your situation.

With no-fault divorces, you're showing that neither party is to blame for the divorce. You'll agree to a separation based on an irretrievable marital breakdown. Neither party will accuse the other of abuse, neglect, affairs or other negatives.

In an at-fault divorce, one or both spouses may be accusing the other of violating the terms of their marriage. For example, if you find out that your spouse was secretly dating another person, you could file an at-fault divorce claiming adultery.

Does it help to choose an at-fault divorce versus a no-fault divorce?

Sometimes. Usually, choosing a no-fault divorce means you'll have to separate for a period of time before you can divorce. You'll also need to come to your own agreement on your property division settlement and child custody arrangements (if you have children). If you can't agree, you'll be able to ask a judge for help with those arrangements. With an at-fault divorce, the waiting time for divorce is typically waived. If the fault is proven, it could help you obtain a greater share of the marital assets, depending on the situation.

These are a few things to consider about divorce in New York. Your attorney can help you decide which type of divorce is right for you and if you wish to pursue an at-fault divorce against your spouse due to trouble in your marriage.

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