Some people make the mistake of confusing a no fault divorce in New York with a no contest divorce. However, these terms are completely different. A no contest divorce basically refers to when a couple agrees on the key terms of their divorce, such as custody, property division and child support. A no fault divorce in New York simply means that they agree neither party is to blame, at least not officially as will be seen under a court petition.
A divorce lawyer may still be quite necessary in a no fault divorce. The parties may not agree on the key terms of their divorce. One parent may want sole custody while the other thinks joint custody is appropriate. One spouse may believe that he or she is entitled to a certain piece of property that the other spouse believes he or she solely owns. A divorce lawyer can forward the arguments of his or her client through negotiations, mediation or in court.
A divorce lawyer serves a critical role during the divorce process. He or she acts in the interests of the spouse who hired him or her. He or she provides important legal advice during a time when many life-altering decisions are at stake. Additionally, he or she protects the legal rights of the spouse who hired him or her.