Even if you are adamant to point the finger at your spouse for the reason you want a divorce, it makes alot more sense to choose the ‘No Fault’ option not only for the sake of time but also resources.
In New York, it is typical that the parties will file for a ‘no fault divorce’ otherwise known as ‘irretrievable breakdown’ because then there is no need to prove the grounds upon which the parties are seeking a divorce. For example, no need to prove the spouse actually cheated on you which not only sounds like it could be messy but it is. Choosing that route will cost alot of time and effort and may even result in you not being able to prove the grounds of your divorce, which is a requirement to obtain a divorce.
According to Section 170 of the New York Domestic Relations Law, there are 7 grounds upon which a divorce may be obtained:
(1) Cruel and Inhumane Treatment
(2) Abandonment
(3) Confinement aka Prison Sentence of a Spouse
(4) Adultery
(5) Judgement or Decree of Separation
(6) Written Separation Agreement
(7) Irretrievable Breakdown for a Period of 6 Months aka the ‘No Fault’ divorce.
If you choose the ‘No Fault’ option you won’t have to hang your laundry out to dry longer than it should. Diana Mohyi Attorney at Law P.C. can help you initiate the divorce and assist you in coming to a resolution that will help you start the next chapter of your life.