Differences between an Uncontested Divorce and No Fault Divorce in Bohemia New York

Family law is a complex area of the law that requires a great deal of experience and familiarity to understand various intricacies.  One such important distinction is the difference between uncontested divorce and no fault divorce in Bohemia New York.  While these sound similar, a no fault divorce in Bohemia New York is not necessarily an uncontested divorce.

A no fault divorce simply means that the parties are not formally blaming anyone for the failure of the marriage.  They agree that they have irreconcilable differences and that their marriage is beyond repair.  Many divorces in New York are now no fault.  New York was the last state to provide no-fault grounds.  Before, a spouse had to allege a formal ground for divorce, like abuse or infidelity, and prove it before the court would grant a divorce.  Filing for a no-fault divorce skips this step, making the process faster and avoiding some of the messiness that often comes with a fault-based divorce.

An uncontested divorce means that the parties agree on the main issues in the divorce, including property division, child custody, spousal support and child support.  In contested cases, the parties present their side as to why the judge should rule in their favor.  A couple can file for a no fault divorce and still contest the central issues of their divorce and want the court to make a decision.