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Monday, December 29, 2008

Forget About Marital Fault

Just about every jurisdiction in the country now views marriage as, among other things, an economic partnership. Furthermore, New York is the only state that has not already adopted no-fault divorce in one form or another. So why even worry about the issue of marital fault?

Getting bogged down in issues of marital fault serves no productive purpose in your divorce proceeding. It is wasteful of your marital assets, and raises the level of acrimony in your divorce action.

Instead, you should spend your time and resources focusing on financial and child custody issues. A skilled divorce lawyer can guide you through the complexities of division of marital property, spousal and child support, custody and shared parenting, and preparing for a future living in separate households. These are the important issues in a divorce. Harping on who is at fault does not help you resolve them, and it delays your ability to move on with your life.

In this day and age, it is important to resolve the issue of "fault" as quickly as possible so that the real issues at stake can be tackled directly and solved intelligently. If your lawyer spends too much time talking about the issue of fault, you may want to consider different representation. With proper legal guidance, your divorce can be achieved quickly and without bankrupting your marital estate.


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