New York recognizes both fault-based divorces and no fault divorces. In a fault-based divorce, one spouse accuses the other of some type of wrongdoing that led to the breakdown of the marriage, such as adultery. In a no fault divorce, the parties agree that their marriage is irretrievably broken and has been for a period of at least six months. Although not every couple will seek a no fault divorce, filing for a no fault divorce in Bohemia New York has certain advantages. Even if one party is at fault for the breakdown of the marriage, many couples still choose to seek a no fault divorce in Bohemia New York.
Since there are no allegations of wrongdoing, the parties do not have to spend money and time pursuing and defending these claims. For example, with adultery allegations, a spouse must prove that the other spouse actually had an adulterous relationship. A spouse typically proves adultery by supplying photographs, videos, or circumstantial evidence of the adultery to the court. Gathering these items may take several months, and will drive up the cost of legal fees if the parties argue over the sufficiency of the evidence.
If the couple has children, most prefer to protect them from the painful details of their divorce. Rather than bringing allegations against a parent, the parties instead agree to pursue a no fault divorce so the reasons for the split are kept private.
Ultimately, no fault divorces offer a less painful method of ending a marriage.
