What is a fault divorce?

A fault divorce is a type of divorce that occurs when one spouse is at fault for the breakdown of the marriage. In New York, fault divorce can occur if one spouse commits an act of adultery, deserts their partner for at least one year, or has an addiction to drugs or alcohol that disrupts the marriage. Fault divorce can also occur if a spouse has committed an act of extreme cruelty, such as physical or emotional abuse, or if a spouse has been convicted of a felony and is incarcerated. In some cases, a court may grant a fault-based divorce if mental illness has rendered one of the spouses unable to properly function in the marriage. The spouse who is found to be at fault will usually be required to provide financial compensation to the other spouse as a result of the divorce. This can include the awarding of spousal support, the division of property, and the payment of legal fees. In New York, fault divorce is considered a more complex procedure than a no fault divorce and is often more expensive since attorneys fees are usually higher due to the complexity of the case.

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