An uncontested divorce is when both spouses agree to the terms of the filing. This process begins when one spouse or both parties cite that there was a “no-fault” ground. With a no-fault ground, it claims that the marriage broke down and is beyond repair. It does not place the fault on one individual in the marriage.
There are two different types of uncontested divorces. A 1A divorce is when no one is at fault in the marriage. The grounds to the divorce have not been contested by either party. This includes issues regarding child support, custody, alimony, parenting time and the division of assets. All of these issues will be in a written agreement that both parties agree upon.
In a 1B divorce, the grounds to the divorce are uncontested as well. However, the remaining marital issues regarding child support, custody and so on, are not agreed upon. Spouses may not be able to reach a resolution regarding these issues. This may result in a contested divorce due to the remainder of the marital issues.
What is a fault ground?
A fault ground is when a reason is stated for the breakdown of the marriage. These reasonings put the blame on one of the spouses for the deterioration of the marriage that led to the eventual divorce filing. Instead of having this occur, spouses can cite that they had an irretrievable breakdown of marriage, which will place no blame on either party. When an irretrievable breakdown of marriage is claimed, no one can be held accountable. Neither party can answer the claim and stop the divorce.
How can a divorce become contested?
An uncontested divorce has the potential to become a contested divorce if the spouses cannot agree on marital issues. These issues may include alimony, child support, child custody arrangements, marital assets and more. When spouses cannot come to a resolution with one another, they may have to take these matters to court in order to decide upon the outcomes. For both situations, individuals should have the help of a divorce attorney to guide them through the process.
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.