A no-fault divorce, which allows a marriage to be dissolved without the need to prove wrongdoing, has streamlined the divorce process in many ways. In states like New York, couples can seek a no-fault divorce simply by stating that their marriage has been irretrievably broken for at least six months. This removes the need to prove fault-based grounds, such as adultery or abandonment, which were traditionally required to dissolve a marriage. However, while the process for obtaining the divorce may be simplified, custody and financial matters can still become points of contention.

Contested Custody in No-Fault Divorce

Even though the couple may agree that their What is No Fault Divorce in New York is no longer viable, disagreements over custody and visitation rights are common. In a no-fault divorce, both parties can still contest who should have primary custody of the children, how visitation schedules will work, and who will make key decisions about the children’s upbringing.

When custody is contested, the court will always prioritize the best interests of the children. Judges consider several factors, including the child’s age, the parents' ability to provide a stable home environment, each parent’s relationship with the child, and sometimes the child’s preferences, depending on their age. Contested custody cases can significantly prolong the divorce process, as parents may need to engage in mediation or court hearings to resolve these disputes.

Financial Matters in a No-Fault Divorce

Just as custody can be contested, financial matters can also become contentious in a no-fault divorce. The fact that a divorce is based on no-fault grounds does not mean that the division of assets, debts, or alimony (spousal support) will be automatically agreed upon. These matters often require careful negotiation and, if necessary, litigation.

In New York, the equitable distribution rule applies, meaning that marital property and assets are divided in a way that the court considers fair, but not necessarily equally. This can include assets such as real estate, bank accounts, retirement funds, and even businesses. Both parties may have differing opinions on what constitutes a fair division, and these disputes may need to be settled in court.

Spousal support is another area where disagreements often arise. One spouse may request financial support during and after the divorce, while the other may contest the amount or duration of payments. The court will evaluate factors such as the length of the marriage, each spouse’s earning capacity, and their contributions (both financial and non-financial) to the marriage.

While no-fault divorce laws have made it easier to dissolve a marriage without assigning blame, they do not necessarily eliminate all conflicts between divorcing spouses. Custody and financial matters—especially when contested—can still prolong and complicate the process. For this reason, even in a no-fault divorce, it is essential for both parties to seek legal advice to ensure that their rights and interests are protected during the resolution of these critical issues.