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What Is A No-Fault Divorce?

On August 15th, 2010, Governor David Paterson signed no-fault divorce into law in New York State. New York was the last state in the union to sign this type of divorce into law. A no-fault divorce is one where no one is alleging that anyone has done anything wrong. Rather the couple desires to only terminate their marriage. There is no requirement to accuse a partner of any of the traditional grounds for divorce: adultery, physical or mental abuse, abandonment or desertion, imprisonment, insanity, and drug or alcohol addiction. The liberalization of divorce reflects the law catching up to cultural changes, and makes this type of divorce more beneficial to couples than traditional divorce.

Benefits of a no-fault divorce:

  1. No-fault is less expensive – A no-fault divorce reduces or eliminates the chances of legal battles. It creates a more civil environment for the negotiation of support and property settlement decisions. This in the long run will save the couple from paying outrageous legal fees and means they will spend less time in court.
  2. Avoid airing dirty laundry – Even if there was some form of wrong doing during the marriage a no-fault divorce keeps that dirty laundry from being aired before the courts. This keeps the emphasis from being placed on accusations and more time is spent on the couple moving forward and avoids the stress of the blame game.
  3. Reduces chances of domestic violence – Since no-fault divorce has been legalized it has been proven that it cuts down on incidents of domestic violence. For example women do not have to be afraid of going into court and pointing the finger at their partner and aggravating their situation further than it already is. This eliminates the fear of getting out of a bad marriage.

If you have further questions about no-fault divorce laws or are in need of legal advice or representation please contact Bombardo Law Office, P.C.

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