Ending a marriage is difficult, but often the right choice. If you’ve decided it’s time to separate, you’ll need to decide how to go about it. There are two primary paths: fault and no-fault. While an attorney can help you choose what’s best for your circumstances, the following primer will acquaint you with these courses of action.

Fault Divorces

Fault-based divorces are traditional. Indeed, it wasn’t until 2010 that New York allowed for no-fault splits. Fault divorces mean you must provide a reason for wanting to break off the relationship and show that it’s no longer sustainable. Valid grounds include continuous abandonment for over a year, long-term imprisonment, adultery, or cruel treatment that makes safe cohabitation impossible. If you previously obtained a separation agreement or judgment of separation and have lived apart for over a year, this can also be cause for a fault-based divorce, though since these arrangements were created essentially as a workaround for the lack of the no-fault option, they’re seldom used anymore. In especially egregious circumstances, accusing a spouse of committing a fault can impact the financial settlement or other terms the judge reaches in a contested divorce, but this is rare.

No-Fault Divorces

In a no-fault divorce, there’s no need for accusations of wrongdoing. All that must be established is that the marriage has been irretrievably broken for a minimum of six months. The divorce will only be granted if both parties have agreed to key details, including child custody and visitation, alimony or child support, and the division of property. This kind of filing is faster and generally less costly than the fault divorce process. Whether you petition with the help of an attorney or on your own, the proper steps must be taken, including filing with the correct court and giving proper notice to your ex. Remember that no-fault divorces are different from uncontested ones; uncontested resolutions just mean your spouse doesn’t resist or object to the filing of divorce papers.

An attorney will guide you every step of the divorce process, from deciding what type is best to receiving the judgment affidavit. Backed by more than 30 years of legal experience, John E. Bach Attorney at Law will protect your interests to help you achieve the settlement you need. This caring and attentive attorney has aided many individuals throughout Orange County, NY, with divorces and separations. Visit his website for more information or call (845) 294-7941 to schedule a consultation.