Who Should Not File for No Fault Divorce in East Islip New York?

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No fault divorces in East Islip New York are those that do not include allegations of fault. Neither party is accusing the other of wrongdoing; they have simply agreed that their marriage has fallen apart and they are no longer living together. Though many couples seek a no fault divorce in East Islip New York, these grounds are not appropriate for every couple.

Why go through the trouble of alleging and attempting to prove a fault ground for divorce, such as adultery, physical cruelty, or substance abuse? Certain fault-based grounds can be important in considerations of child custody and visitation. For example, if you think that your spouse needs supervised visitation only with the children, it is much more likely to be granted if you allege and prove that your spouse was physically abusive or suffered from a substance abuse problem. New York courts consider the best interests of the children when making such decisions, and demonstrating that the children are safer with one parent is certainly a major factor for judges to examine.

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