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.
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.
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.
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.