If you are considering a divorce, numerous questions are likely running through your mind. During an emotionally distressing time like this, you want to get all the right information. Simonetti & Associates, a divorce lawyer in Riverhead, has the knowledge and expertise you need to successfully settle a divorce. There are several different types of divorces. For example, there are “fault” and “no-fault” divorces.
Fault vs. No-Fault Divorce
When you are seeking a divorce, you must indicate on your divorce petition the reason why your marriage is ending. This is known as the “grounds” for divorce. In a “no-fault” divorce, neither spouse needs to prove that the other did something wrong that caused the separation. All states across the country offer this no-fault divorce option. Although, the exact “grounds” or reasons for divorce may vary by state. In New York, a couple may get a no-fault divorce if either of them states that the marriage is irretrievable for at least six months. Before a court grants this type of divorce, the couple must show that all divorce-related issues (property division, child support, custody, etc.) have been resolved. That may be done through a divorce lawyer in Riverhead.
For a “fault” divorce, courts will grant this request under a few circumstances. Only some states allow fault-based divorces, New York being one of them. Some common grounds for a fault-based divorce include:
- Cruelty (inflicting unnecessary emotional or physical pain)
- Incurable insanity
The reasons for a fault-based divorce vary. For example, a couple may not want to wait out the period of separation required by their state’s law in order to file for a no-fault divorce.
Do You Need to Prove Fault?
New York is not a true no-fault state. Although many couples now file for divorce, there are still grounds for divorce under the no-fault law. This no-fault divorce means that you do not have to prove that the marriage is ending because of something that is the other spouse’s fault. The only thing that must be proven and stated in the divorce documents is that states the marriage is “irretrievably broken” for at least six months.
Divorce Lawyer in Riverhead
Divorce can be a lengthy and stressful process. You want to work with a divorce lawyer in Riverhead who will take care of you and your wants. Simonetti & Associates is here to help. Contact us today for your free consultation and leave the legal parts of the divorce to us.