Can I still file for divorce based on fault in New York?

Can I still file for divorce based on fault in New York?

In New York, no-fault divorce has become the most common way to dissolve a marriage since its introduction in 2010. However, the state still allows spouses to file for divorce based on fault, provided they meet specific legal criteria. Fault-based divorces might be appropriate in cases where one party’s behavior has directly contributed to the breakdown of the marriage and when the aggrieved spouse wants their grievances formally acknowledged What is No Fault Divorce in New York

Grounds for Fault-Based Divorce in New York

New York law recognizes the following fault-based grounds for divorce:

Cruel and Inhuman Treatment: This ground applies when one spouse’s behavior endangers the physical or mental well-being of the other spouse, making it unsafe or improper for them to continue living together. Examples include physical abuse, emotional manipulation, or severe verbal harassment.

Abandonment: To claim abandonment, a spouse must prove that their partner left voluntarily and without justification for at least one year. Abandonment can also include “constructive abandonment,” such as a refusal to engage in marital relations.

Adultery: Adultery involves a spouse engaging in sexual relations with someone other than their marital partner. This ground requires proof, which can be challenging without concrete evidence or the testimony of a third party.

Imprisonment: If a spouse is incarcerated for three or more consecutive years after the marriage, the other spouse may file for divorce based on this ground.

Living Apart Under a Separation Agreement or Decree: While not traditionally considered “fault,” this ground requires spouses to live apart for at least one year under a written agreement or court decree before filing for divorce.

Why Choose a Fault-Based Divorce?

Filing for a fault-based divorce can be more complex and emotionally charged than pursuing a no-fault divorce. However, there are specific scenarios where it might make sense:

Moral or Emotional Closure: Some spouses feel strongly that the court should formally acknowledge the wrongdoing that led to the marriage’s dissolution.

Strategic Advantages: Fault-based grounds might influence decisions on spousal support or child custody in certain cases, though New York courts primarily focus on the best interests of the child and equitable distribution of assets.

Challenges of Fault-Based Divorce

Proving fault can be a lengthy and expensive process. It requires presenting evidence such as witness testimony, documents, or expert evaluations, which can increase legal fees and prolong proceedings. Additionally, the accused spouse has the right to dispute the claims, potentially leading to a contentious and stressful legal battle.

Alternatives to Consider

Given the challenges of fault-based divorce, many couples opt for no-fault divorce. By stating that the marriage has been “irretrievably broken” for at least six months, spouses can avoid the need to prove wrongdoing and reach a resolution more quickly and amicably.

While filing for divorce based on fault remains an option in New York, it’s essential to weigh the emotional and financial costs against the potential benefits. Consulting with an experienced divorce attorney can help determine the best course of action for your specific circumstances.