What is “No Fault” Divorce and Can a Mediator Help Me File for a “No Fault” Uncontested Divorce?

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New York recognizes No Fault Divorce. What that means is that in New York a couple does not have to show that the marriage is ending due to the fault of the other spouse. Rather, all that must be shown is that the marriage has “irretrievably broken” for at least six months. Filing for an uncontested divorce using a “no fault” ground makes the divorce process quicker and easier since neither party is required to prove wrongdoing of the other person. Parties filing for a no fault uncontested divorce must still come to terms on all open issues prior to filing for an uncontested divorce. Such items include, among others, distribution of property (assets and debts), payment of maintenance (previously referred to as alimony), payment of child support, payment of add on expenses, parenting plans.

Mediation is generally a good choice for those interested in filing for an uncontested divorce based on the no fault ground. Mediation offers creative options and streamlines the divorce process. For more information on your options and to determine if mediation is a good choice for you, click here.

To find out more about what information you may need to move forward with divorce mediation and an uncontested divorce and to help you prepare for your divorce mediation session, click here.  For a divorce mediation checklist, click here.

To contact Sheree Donath, Esq. to understand the mediation process, click here or reach out by email to sheree@donathlaw.com.

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