Legal Question in Family Law in New York
Dual fault divorce
Through my attorney and my wife's attorney, we have agreed to a ''dual divorce'' on the grounds of ''cruel and inhumane treatment'' on both sides. What are some of the possible legal implications of such a proceeding on equitable distribution of property, i.g., house and pension distribution?
Asked on 1/29/04, 5:41 pm
1 Answer from Attorneys
Andrew Nitzberg
Andrew Nitzberg & Associates
Re: Dual fault divorce
The difference between one party being found 'at fault' and both accepting 'fault' creates pretty much no difference on the issues of property.
The court doesn't care about fault when allocating property.
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Answered on 1/29/04, 6:15 pm