When individuals file for divorce from their spouse, they have the option of citing a fault ground. However, New York is a no-fault ground state, meaning that they have the option to refrain from citing a fault ground. By allowing people to avoid citing a fault ground, it does not contest the divorce. It also shows that there is no blame placed on a single individual in the marriage. By claiming a fault ground, the blame is placed on your spouse. This may lead to a contested divorce. 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. No-fault grounds can include irretrievable breakdown of marriage of two years, voluntary abandonment for one year or incompatibility of temperament.
Why does a contested divorce need litigation?
Uncontested divorces can seem easier than contested divorces. For uncontested divorces, spouses have the opportunity to enter into divorce mediation to solve their marital issues. Contested divorces may not have that opportunity. Since spouses claimed a fault ground, it may show that they are blaming one another for the breakdown of their marriage. This may show that they are unable to work together to decide on marital issues, such as child custody and alimony. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for themselves, a judge will have to do so in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When it comes to cases involving children, the judge will always put the best interests of the child first. This is to ensure their well-being is being taken care of.
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.