Couples in New York have enjoyed no-fault divorce laws for the shortest amount of time compared to couples in every other state in the union. However, no fault divorce in New York provides a number of advantages over the messy at-fault divorce process. No fault divorce in New York is preferable for many couples due to:
A divorce alleged on fault grounds first proceeds with a determination of whether such grounds exist. If the parties do not agree, there will likely be a trial to determine this issue. This determination is often made separate from other determinations regarding the marriage, adding additional time onto the process. With no-fault divorce, the process is often much faster.
Fewer False Allegations
Couples who wanted to get divorced when there were only fault-based laws in New York often had to resort to making false allegations that alleged or exaggerated certain conduct or events in their marriage. With no-fault laws, this is no longer necessary.
No-fault divorces do not usually have to concern themselves with demonstrating the misconduct of the other party, so information preserved in a public record is usually more private and less damaging. Likewise, the parties no longer have the bargaining chip of exposing the misdeeds committed during the marriage, so the parties are on more equal footing.
Due to the increased amount of time that must go into a fault-based divorce, parties can save substantial amounts by going the no-fault route.