Filing for divorce is a difficult process. Not only does it come with many legal issues that need to be solved, but it involves many emotions during the process. When spouses first file for divorce, they have the option of refraining from claiming a fault ground for their divorce. Instead, they can cite an irretrievable breakdown of marriage of two years, voluntary abandonment for one year or incompatibility of temperament. This is a no-fault ground that does not place the blame on either spouse for the divorce. New York is a no-fault ground state, which means that they have the option to refrain from citing a fault ground. By allowing people to avoid citing a fault ground, it does not contest the divorce.
Spouses still have the option to cite a fault ground if they wish to do so. By claiming a fault ground, the blame is placed on your spouse. This may lead to a contested divorce. When filling out the paperwork, you have a few options of what fault grounds to cite. These reasons can include adultery, violence, pregnancy unknown to the husband, incarceration for two years with total jail time exceeding seven years, crime against nature before or after marriage, substance abuse or institutionalization of at least five years. With these reasons, fault will be placed on a spouse in the marriage. This may lead them to enter into a contested divorce.
Can a divorce go from uncontested to contested?
If spouses enter into mediation with an uncontested divorce, they may be able to decide on matters for themselves. Sometimes they have to end mediation though. If spouses cannot cooperate in mediation sessions with one another to decide on issues, this can lead them to contest their divorce. When their divorce becomes contested, they may have to enter into litigation. This may be needed for a judge to make decisions for them since they are unable to do so together. Judges consider many factors in order to make decisions, which can be on a case by case basis.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.