FAQs on No Fault Divorce in Hauppauge NY

Divorce attorneys must often field questions related to no fault divorce in Hauppauge NY.  Some of the most common questions regarding no fault divorce in Hauppauge New York are detailed below.

What Is No Fault Divorce?

A no-fault divorce is one in which the grounds for divorce are that the spouses’ relationship has irretrievably broken down for at least six months.  The divorce does not have to be blamed on either party.

Why Is There No Fault Divorce?

Lawmakers wanted spouses to be able to terminate their marriages without having to allege any wrongdoing on the part of either spouse.  Historically, spouses in fault-only states would sometimes have to fabricate or exaggerate negative things about their marriage before they were able to leave an unhappy marriage.  A no-fault divorce allows the parties to get a divorce without having to assign blame to either spouse.

Is a No Fault Divorce Uncontested?

Not always.  No fault and uncontested mean two very different things.  No fault is simply the legal basis for the divorce.  Uncontested means that the parties agree on all material matters related to their divorce, such as property division, child custody, child support and spousal support.  Spouses may not want to blame each other for the divorce, but they may contest these other important issues.

If I Have a No Fault Divorce Does My Spouse Have to Receive Divorce Papers?

Having a no fault divorce does not change the legal procedures and rules related to proper service.  The spouse must still receive divorce papers through legal service.