Divorce can be a complicated process, and some people make it harder for themselves than it needs to be. They set unachievable goals or make decisions that undercut their position when they go to court. They can also allow their emotions to dictate what they do.
For example, a surprising number of people think that they need to prove something to get divorced. They think that they need photographic evidence of infidelity or police reports proving that they have endured physical abuse.
Evidence of serious misconduct can influence what happens in a divorce, but it can also make the entire process more difficult. Thankfully, you don’t need to prove anything to successfully divorce in New York.
Most New York divorces are no-fault divorces
Most people considering divorce will file for no-fault proceedings under New York state law. If you feel that there has been an irretrievable breakdown of your relationship and that you can no longer remain married, you can file for divorce based on an irretrievable breakdown that has persisted for at least six months. You don’t have to prove anything to make that claim.
However, there are divorces that require proof. Spouses can potentially file for a divorce based on fault if they have grounds for doing so. However, there are only five grounds for divorce other than a no-fault filing. Those grounds are:
- cruel or inhuman treatment
- abandonment
- imprisonment for three years or more
- adultery
- legal separation via judgment or written agreement
If a spouse has evidence to validate their claims, the courts can potentially grant them a fault-based divorce.
Why do people avoid fault-based divorces?
Having the courts affirm that your ex is to blame for your divorce can be a form of closure and justice. It can also help those who belong to conservative religions or culture.
However, for many couples, a fault-based divorce means that the entire process will take much longer than usual. Your ex will also have an opportunity to present their own evidence and refute your claims. Fault-based divorces sometimes fail. A no-fault divorce is faster, requires less research and is unlikely to fail unless you change your mind.
Understanding the rules that apply to New York divorces can help you prepare for the end of your marriage.