What does "no fault" divorce mean? Can i just divorce my wife or we have to agree to divorce? whats the process?

Asked over 1 year ago - New York, NY

If i want to divorce my wife is it as easy as just saying i want to divorce and then we divide our assets?

Attorney answers (6)

  1. Marco Caviglia

    Contributor Level 20

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    Answered . 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.

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  2. Douglas M. Scheinman

    Contributor Level 5

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    Best Answer
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    Answered . 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.

  3. Ernest DuBose

    Contributor Level 14

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    Answered . Yes you can do an uncontested divorce with your own stipulation

  4. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

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    Answered . 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.

    Good luck.

  5. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . 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... more
  6. Susan Marjory Caplin

    Contributor Level 3

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    Answered . Your grounds for divorce in NY would have to assert an irretrievable breakdown of the narriage for at least six monts

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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