Divorce Types

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There are two different categories for legal grounds for divorce: "Fault" and "No Fault".

What is "No Fault" divorce?

"No Fault" divorce is when the spouse suing for divorce does not have to prove that his or her spouse did something wrong. Every state recognizes the legal grounds for divorce regardless of who is at fault.

To get a No Fault divorce, the suing spouse just simply states a reason recognized by that state. In most cases, it's enough to say that the couple cannot get along, (these go by the names "incompatibility," or "irreconcilable differences").

In many instances however, the couple must live apart for a period of months or even years in order to get a No Fault divorce. One spouse cannot stop a No Fault divorce. Objecting to a spouse's request for divorce is itself an irreconcilable difference that would justify the divorce. There is a 60 day waiting period before the court grants a divorce on the grounds of irreconcilable differences.

It is important to do some research for the state you live in since a No Fault divorce is the only option allowed by a number of states. The other states recognize both a No Fault divorce or a Fault divorce.



Family law attorney, , is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

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