Do I have to claim a fault ground when filing for divorce?

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When people file for divorce, it can begin a difficult process. It may be time-consuming for some couples to complete the divorce process. They need to have marital issues resolved before they are able to finalize their divorce. When one spouse files for divorce to begin the process, they have the option to claim a fault ground. If they file with a fault ground claimed, this can place the liability on one spouse for the divorce. However, this may not affect a judge’s decision regarding marital issues. When filling out the paperwork, you have a few options of what fault grounds to cite. These reasons can include adultery, violence, pregnancy unknown to the husband, incarceration for two years with total jail time exceeding seven years, crime against nature before or after marriage, substance abuse or institutionalization of at least five years. With these reasons, fault will be placed on a spouse in the marriage. This may lead them to enter into a contested divorce.

Although spouses can claim a fault ground when filing for divorce, they do not have to. They can file for divorce with a no-fault ground. This avoids putting the fault on a single spouse for the breakdown of the marriage. No-fault grounds can include irretrievable breakdown of marriage of two years, voluntary abandonment for one year or incompatibility of temperament.

Why is mediation used?

Mediation is a process that is used during divorce proceedings to decide on marital issues. These issues can include child custody arrangements, child support, alimony and the division of assets. These issues need to be decided on in order to issue a final divorce. Marital issues have the ability to affect the futures of both spouses. They can include support in the form of compensation or the bond with their child. During mediation, spouses will have the opportunity to meet with a mediator to speak about these issues. This can give them the opportunity to air out all their concerns. This may help spouses get closure in an amicable way. They will have to cooperate with one another to make compromises about marital issues. Mediation can be as long as the spouses need. They will attend sessions, along with their attorney if they wish to bring them.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.

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