Is No Fault Divorce Legal in New York? Does No Fault Mean Amicable?
Maybe by now you've heard the news.
Joe Jonas and Sophie Turner are divorcing after four years of marriage.
USA TODAY reports, "The Jonas Brothers singer, 34, filed for divorce from the "Game of Thrones" actress, 27, in Miami-Dade County court on Tuesday, according to court documents. The petition for dissolution of marriage filed by Jonas states the reasoning as "the marriage between the parties is irretrievably broken."
But just like "death and taxes", with marriage comes the possibility of divorce. The cool part about what's being reported about Jonas and Turner's split is that it's an "amicable" decision.
There's no way to know what 'amicable' really means in this case (or in any case quite frankly) because private relationships are what they are-private. Regardless of how public the couple. And so, the question remains, can a divorce truly be amicable? Maybe.
And what's the closest thing to an amicable divorce in New York law? Some say, a "No Fault" divorce.
Is No Fault Divorce Legal in New York?
The short answer is yes. The Survive Divorce website states that
In New York, a marriage can end through an annulment, legal separation or a divorce. New York has been a no-fault state since 2010, meaning that a couple only need cite that a marriage is irretrievably broken to end a marriage. However, a spouse can also cite one of several at-fault reasons as well, such as cruelty, adultery, or a spouse’s incarceration. This is sometimes done to gain more favorable terms during a settlement.
What is an Amicable Divorce Then?
In a divorce it means “without serious disagreement.” The book definition of amicable is “having a spirit of friendliness, without serious disagreement or rancor.” The spirit of friendliness, not necessarily friends. An amicable divorce means a civil divorce, where both spouses agree to property division, spousal and child support, visitation and custody. It may not mean that the former spouses are friends when it’s over. It does mean the spouses don’t fight and enter an agreement reasonably, without litigation. An amicable divorce almost always means an uncontested divorce.
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