The concept of “no fault” divorce is an important one, as it takes what would otherwise be an unhealthy combative process that required each spouse to attack the other without regard for the health and welfare of their family and turns it into a cooperative and consensual process. The NY No fault divorce law – still relatively new after decades of much more limited scope – spares children and other players in the drama of your divorce.
Full Disclosure
The successes of “no-fault” divorces, however, are contingent on one important factor: Full disclosure. Your NY Divorce Attorney will expect complete honesty and disclosure of all assets, funds, or other details so they can in turn present a transparent report to the other spouse’s attorney and the court. Full and honest disclosure is a prerequisite for a no-fault divorce, because any attempt to circumvent such honesty will almost certainly result in the divorce taking on the combative and destructive tone that no-fault was designed to avoid.
When making a “full disclosure” to your attorney, you will be expected to detail things like
- Property owned, either jointly with your spouse or individually
- Business interests, even investments in businesses made prior to the marriage
- Other assets and investments, again including those made prior to the marriage or without your spouse’s involvement
- Any aspects of your new living situation, employment, or health that might impact custody or support decisions
While you may not be comfortable revealing these details to your attorney, remember this is much preferable to revealing them to the court and thus into the public record. While these details will still need to be recorded, there is a much greater sense of privacy in a no-fault divorce.
