People preparing for divorce in New York can make decisions about the ways in which they ultimately approach the courts in re: their divorce filing. New York is one of the states that recognizes both fault-based and no-fault divorces.
Many people opt for no-fault divorces even when they could file a fault-based divorce. Understanding the pros and cons of no-fault proceedings can help spouses decide what avenue to follow.
The benefits of no-fault divorce
During a no-fault divorce, the filing spouse does not need to worry about the responding spouse preventing the divorce. They do not need to prove that there was any specific issue with the relationship to qualify for a divorce.
The process is often much faster than a fault-based divorce, which may make it more cost-effective. Conflict levels may be lower because spouses do not have to submit evidence about what caused the breakdown of the marital relationship. No-fault divorces offer a streamlined process that focuses on the practical aspects of divorce instead of the emotional issues that led to the filing.
The drawbacks of no-fault cases
The primary concern with no-fault divorce is the lack of judicial consideration for marital misconduct. People make feel as though the courts deny them justice because judges generally don’t consider marital misconduct when making important decisions about the divorce.
With exceptions for extreme issues, such as domestic violence and the dissipation of marital assets, bad behavior during marriage rarely affects divorce outcomes. Additionally, no-fault divorce can give people an artificial sense of complacency, and they may agree to unfavorable terms simply to move the process ahead is quickly as possible.
Regardless of what type of divorce one spouse wants to pursue, they may need to discuss their concerns with a New York divorce lawyer. Having a plan in advance can make it easier to manage what can be a very stressful process.