What Does NYS No-Fault Divorce Mean for Uncontested Divorce?
Since NYS has just recently passed the new no-fault divorce law we have been getting a lot of questions about what that means for what was traditionally known as uncontested divorce.
The answer is little to nothing. No-fault divorce and uncontested divorce are two entirely different animals.
The no-fault law just makes it possible for couples to get divorced without alleging fault. A no-fault divorce can still be contested (or litigated) in nature if the parties do not agree on the terms of the divorce. A traditional uncontested divorce simply is where both you and your spouse agree upon all of the terms of the divorce.
So, I will try to simplify. You can have a contested or uncontested no-fault-divorce. On the other hand, you can only have an uncontested uncontested divorce, but you will still be able to allege fault or allege no-fault.
The no-fault law only impacts whether you need to allege your spouse is at fault (adultery, abandonment, sexual abandonment, cruel and inhuman treatment, imprisonment) before the court will allow you to get divorce.
If any of this confuses you and you want to know whether you qualify for a no-fault or uncontested divorce, please call (866) 830-2064 to schedule a free consultation.
When you broke the news on the no-fault law change in NYS, I knew this would be an excellent topic for you to address. I am sure many are relieved to hear so little is changing in the realm of uncontested divorce.