At Fault Divorce Law

Divorce laws are a series of legal proceedings that result in the dissolution of a marriage, leaving the parties free to marry again.   Divorce can be of various types and grounds of divorce vary as per circumstances.  Only the State of New York requires the procedure of an At Fault Divorce.  Once fault can be ascertained the waiting period of divorce reduces and the aggrieved spouse gets a better financial settlement.

At Fault Divorce

An at fault divorce results when one spouse can prove that the other spouse is responsible for the breakup of the marriage due to misconduct.

Reasons that can be cited for an At Fault Divorce

  • Abuse both physical and mental
  • Adultery
  • Desertion
  • Spouse in prison
  • Substance abuse
  • Alcoholism
  • Impotency
  • Insanity and of feeble intellect
  • Reason for a sexually transmitted disease

Defense raised by the other Spouse

  • Recrimination: The other spouse levels the same charge against the petitioning spouse.
  • Condonation: the spouse begs for forgiveness thus weakening the case.
  • Connivance: when a wrong or misconduct is overlooked.
  • Reconciliation:  when the spouses assume their marital condition before divorce is granted.
  • Provocation:  the spouse claims provocation for the misconduct.

Burden of Proof

Whenever a charge is leveled complete proof is required to substantiate the charge.  This requires witnesses, documents, time and an inordinate amount of expenditure.  It is also important to note that the legal definition of the charges may be at variance from what the common man believes them to be.  At Fault divorces usually end up acrimonious and hard rather than an amicable settlement.

Expenditure in At Fault Divorce

Since, charges have to be proved for the divorce to happen, expenditure is required for hiring attorneys, detectives, and also documents and evidence.  An expert witness if required may be called hence expenses can skyrocket. 

If both spouses are at fault divorce is granted to the least faulted spouse under the law of ‘comparative rectitude’.  If the fault cannot be proved by the petitioning spouse divorce is not granted.

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