If i want to divorce my wife is it as easy as just saying i want to divorce and then we divide our assets?
Child Custody Lawyer
People often get caught up between 'no fault' and 'uncontested'. Fault is the reason for the divorce. Before 2010, people often used abandonment, or adultery, or cruel and inhuman treatment as the
fault grounds, or reason for the divorce. Now, a divorce can be granted based upon a marriage being irretrievably broken. The uncontested divorce is where the parties agree on the division of assets, custody, child support and sign all necessary papers. Parties can agree to divorce (no fault) but get caught up in the division of assets which often delays the completion of the process. An experienced attorney can discuss all of your rights to help you make an informed decision on how best to proceed.
2 found this helpful
5 lawyers agree
Criminal Defense Attorney
No fault simply means that the grounds for divorce can be "irretrievable breakdown of the marriage" and it is no longer necessary to show that the other spouse is the bad guy. Everything else is the same.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
3 found this helpful
8 lawyers agree
Family Law Attorney
No fault means you don't have to sling mud and kill each other over grounds (adultery, cruel and inhuman treatment, abandonment, prison for three or more years and living separate and apart pursuant to a separation agreement.
With no fault, you just file alleging an irretrievable breakdown of the marriage. No more mud slinging and killing.
Then comes custody and financials over which to sling mud and kill each other. So the process is not that simple. There's always a fight and it's always lengthy.
2 found this helpful
6 lawyers agree
Divorce / Separation Lawyer
Not quite that easy - but it can be quite easy if you both agree on all issues in which case you can file on the grounds of irretrievable breakdown of the marriage and be done with everything quite quickly.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.