For years, my ex-husband and I were constantly fighting.
- When we finally quit trying to make our marriage work, it was when we were still living in Buffalo, NY.
For years, they had been trying to pass laws that would recognize no-fault divorce. In 2010, NY became the last state to recognize no-fault grounds for divorce. If you wish to file for a divorce, you may sight an irretrievable break-down of marriage as your reason. Neither spouse needs to make allegations like abandonment, extreme cruelty, or adultery against the other person. This is good for many obvious reasons. It reduces the chance of acrimony between spouses, which reduces the time and cost of divorce while making the process easier for children involved. There are two grounds for a no-fault divorce; an irreparable breakdown of the marriage for six months before filing, and living separately for one year before filing. Some parties enter the process hoping to punish their spouse. The ‘fault’ grounds for a divorce won’t affect the division of assets, except in the most extreme situations. One spouse’s adultery won’t cost him or her anything in the terms of the divorce, but it will cost both parties large attorney’s fees. In an uncontested divorce, spouses agree on issues like spousal maintenance, child custody, child support, and property division. This leaves more control in the hands of the divorcing parties and avoids expense of litigation, but not all couples agree. When this is not solvable, they must rely on the court system, which can take several weeks, months, or a year or more. No matter how amicable you feel your divorce will be, it is best to hire a reputable divorce lawyer.