Divorce is never easy, even when it is widely accepted. It is hard on the spouses, and even harder for the kids, to adjust to being single again. In some cases, it is the best option for everyone concerned. In Suffolk County, there are seven reasons the state considers good reasons for getting a divorce lawyer involved in a marriage.
A no-fault divorce means no one is to blame for the breakdown of the marriage. The state has begun to allow no-fault divorce in 2010. Before that, you could not get a divorce even if your marriage has “broken down irretrievably”. This means that you or your spouse can ask the court for a divorce because you have not been getting along well for at least six months. You have to say under oath there is no chance you can make things work.
On the other hand, a fault-based divorce means either you or your spouse did something that led to the breakup of the marriage. These include:
- Abandonment of a year or more
- Physical or mental abuse
- Imprisonment for three years straight or more within the marriage
When you ask for a fault-based divorce, you have to show proof of your claims. If you say your spouse was cheating on you, show pictures or provide other evidence that this is true. The judge will not grant your divorce under these grounds on your say. A fault-based divorce tends to be a bitter battle, and usually requires the services of a Suffolk county divorce lawyer, as DivorceAttorneyinLongIsland.com notes.
A compromise between no-fault and fault -based divorce is separation-based divorce. You can ask the court for a divorce if you have been separated for at least a year, either court-ordered or as part of a formal separation agreement. Whatever led to the separation in either case is not important as long as you meet all the terms of the court order or separation agreement.
You might think that a no-fault or separation-based divorce is simple and straightforward. Nonetheless, divorce law is complicated even if the process is not. It would be advisable to hire a divorce lawyer to handle all the formalities to make sure everything is kosher.