When you make the decision to file for divorce, you’ll need to cite the grounds on which you have decided to pursue the divorce. In New York, you can choose a no-fault or at-fault divorce. However, if you choose to file on fault grounds, it’s important to understand how this will impact the outcome of your divorce. The following blog explores what you should know about these circumstances and why working with a Nassau County divorce lawyer is in your best interest during these difficult times.

What Are the Fault Grounds in New York?

In New York, you can choose to pursue either a no-fault or at-fault divorce. If you choose to pursue a no-fault divorce, you can simply cite an irretrievable breakdown of the relationship. Generally, so long as you can show that this breakdown has lasted at least 6 months, you do not need to prove wrongdoing by your spouse for the divorce to continue.

However, in New York, you can also file on the grounds that your spouse is at fault for the divorce. If you choose to cite one of the accepted fault grounds, you’ll need to prove the claims you’ve raised against your spouse. The fault grounds are as follows:

  • Cruel and inhumane treatment: The acts must have occurred in the past five years and warrant physical or emotional danger.
  • Adultery: If your spouse was unfaithful to you during the marriage, you can file on these grounds so long as you have the evidence to support the claims.
  • Abandonment: There are two ways in which your spouse can abandon your marriage. The first is through physically leaving your shared home with no intention to return. The other is called “constructive” abandonment and occurs when your spouse refuses to engage in intimacy.
  • Imprisonment: If your spouse has been incarcerated for at least three consecutive years, you can file on these grounds, so long as your spouse’s sentence begins after your marriage.

Does Pursuing an At-Fault Divorce Change the Outcome?

It’s important to understand that filing on the grounds of fault alone is not enough to impact the outcome of a divorce. For example, if you file on the grounds that your spouse abandoned you, it generally will not have a significant enough impact to change how the court distributes assets.

However, some actions may warrant a change of circumstances. For example, if your spouse cheated on you, that fact alone is not enough to warrant a change in the outcome of your divorce. However, if you can prove that your spouse used marital assets to pay for their affair, you may receive a better asset split to compensate you for the assets they spent.

Generally, it’s recommended to pursue a no-fault divorce as opposed to an at-fault divorce, as this process requires less evidence and is less contentious than pursuing a fault-based divorce. However, it’s important to discuss the circumstances of your specific case with an experienced attorney to determine the best course of action for your situation.

At the Law Offices of Jay D. Raxenberg, P.C., our firm understands how stressful a divorce can be. That’s why our team is committed to assisting you during these difficult times. When you need help, don’t hesitate to contact us today to learn how we can fight for you.