My husband cheated on me and may agree to an uncontested divorce. However he often changes his mind and has an unreliable personality. In spite of what he promised, I am prepared to the possibility of him changing his mind and not signing an uncontested divorce agreement but I want to make an attempt and serve him divorce papers for an uncontested divorce. If I opt for a no fault divorce would I be able to change the category to a fault one, in case he ended up not signing the papers and making things more complicated? He cheated on me for an entire year and has been verbally abusive for three years. I have evidence and witnesses.
You need to discuss the interest in filing for a fault versus no-fault divorce with an attorney. Here's why:
New York still has adultery laws on the books, but NY only offers four ground for consent to an uncontested fault-based divorce:
1. Cruel and Inhuman treatment (good luck getting a spouse to agree to that as grounds);
2. Abandonment for a continuous period of a year or more;
3. Imprisonment for more than 3 years subsequent to the marriage; or
4. Adultery.
Although fault-based divorce may have some advantages, you'd need to discuss them with an attorney in the context of your own goals in obtaining the divorce (the speed of the process, the affect on asset distribution, the impact on custodial rights over any children, etc.)
Your evidence and witnesses will be helpful, but you'd still need him to agree to an uncontested divorce if you file for fault....otherwise, it turns into an acrimonious he said-she said affair that could drag on way too long.
As you say, his behaviour seems inconsistent, so maybe you shouldn't be banking on an uncontested fault divorce, but seeking a no-fault divorce for the sake of efficiency and less aggravation.
To be sure, sit down with a divorce attorney and discuss the details in full.
The grounds of a divorce do not affect any other issue in the case. As such, it doesn't matter whether you get a divorce based on "no fault" or adultery, it wouldn't affect issues such as division of assets and/or your entitlement to alimony. Schedule a consult with a NYC Uncontested Divorce attorney for a full assessment.
Ginger Bayles KellyGeneral Practice LawyerCharlton, MAMA licensed ·
It appears by your question that you are trying to do your own divorce yourself. You can do this, however, if you want the best response and the best results, you should hire an attorney to help you. Never the less, if you are doing this yourself and he doesn't sign the uncontested divorce, you will need to hire an attorney anyway, so maybe it's best to do it upfront. That way there will be no surprises.
As my colleague stated, trying to do a divorce yourself especially in circumstances such as yours is very ill advised. That being said, every divorce starts out as an uncontested divorce. It is only when one of the parties brings the matter before a judge does it become contested. It does not matter what the grounds are from a practical perspective, unless you have children.
If he doesn't sign it isn't uncontested. And filing for a fault based divorce is generally a mistake - unless there's something truly unusual in your situation few attorneys will recommend it.
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
Fault is not important. A divorce is "contested" if the parties do not agree on the terms or cooperate in the process--that is what complicates things, not which grounds you choose.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
It depends on what exactly you want as an outcome. If you the goal is to forget your spouse and move on, the no-fault divorce is the bets route, but that being said, any distribution of property, custody, etc will have to be amicably resolved.
You can start the process as an uncontested divorce, and should your spouse Answer, it will then become contested. Do not worry about the ground, it will not make a difference. Although uncontested divorces are possible pro-se, it is not recommended, especially if there is a chance of it becoming contested.
