The introduction of no-fault divorce has brought some significant shifts in the ways that people approach the end of their marriage.
To qualify for a no-fault divorce in New York, you have to have been married for at least six months, agree with your spouse that your marriage has suffered an irretrievable breakdown and agree on how to settle all the issues related to the division of the marital property, support and custody. This negates the need for any further “grounds” or litigation, and it’s the way that most couples prefer to go. The following are the reasons why no-fault divorces have become so popular.
They reduce the potential for conflict
One of the most prominent benefits of no-fault divorce is its ability to minimize conflict. In a traditional fault-based divorce, couples are required to prove that one is guilty of wrongdoing, leading to finger-pointing, resentment and a hostile atmosphere. No-fault divorce, on the other hand, eliminates the need to assign blame, allowing couples to part ways amicably and without unnecessary confrontations.
They allow for a more private process
In fault-based divorces, personal matters and accusations are often aired in public court, which can be humiliating. With no-fault divorce, the details of the marriage and its dissolution can remain largely private. This privacy also makes it easier for couples to focus on healing and moving forward, rather than dwelling on past mistakes.
They are generally faster than litigated divorces
Traditional fault-based divorces can drag on for months or even years. No-fault divorce streamlines the process. There are no lengthy investigations or courtroom drama. Couples can often reach a resolution more quickly and with less expense, allowing them to move on with their lives sooner.
They can make it easier to heal
The emotional toll of divorce is undeniable, but no-fault divorce can help mitigate some of the psychological distress. By eliminating the need to point fingers, couples can approach their divorce with a focus on personal growth. This can lead to a more positive outlook, increased self-esteem and a better chance of maintaining healthy relationships in the future.
This approach is often better for children
Learning to work together and have a better post-divorce relationship with your ex-spouse is usually critical when you have children together. Research indicates that high-conflict divorces have massively negative consequences for children. A cooperative approach to your divorce can minimize a lot of its fallout for your kids, whatever their ages.
While it may not be the right choice for every situation, the advantages of no-fault divorce are clear.
At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.