Upon filing for divorce, spouses can decide to claim a fault ground. However, the option is available to claim a no-fault ground that does not place the blame on either individual. When claiming a fault ground, it can contest the divorce. With this, marital issues may have to be solved in court so that a judge can make these decisions for the couple. When the court decides for the couple, they are not able to make decisions for themselves.
If a couple enters into an uncontested divorce, they may still be able to face a contested divorce later on. These couples may enter mediation to resolve their issues. During mediation, it is so important to cooperate with one another to reach conclusions. However, this can be difficult for couples that are getting a divorce. With this in mind, the couple may have to enter into a contested divorce. This is because they will need a judge to decide on issues for them when they are unable to in mediation sessions.
What are the grounds to contest a divorce?
If individuals decide to claim a fault ground when filing for divorce, they have a few options. Although New York is a no-fault state, meaning you are not obligated to claim a fault ground, you are able to claim a fault. These can include adultery, cruel and inhumane treatment, abandonment, imprisonment, living separate and apart after a separation judgment or agreement. If individuals claim a no-fault ground, they can state an irretrievable breakdown of their marriage for at least six months.
What does a judge decide on?
A judge can make marital decisions for a divorcing couple. These decisions can include child custody arrangements, child support, alimony and more. With these decisions, the judge will consider many aspects of each spouse’s life to adjust a resolution that fits each scenario. When children are involved in the situation, the judge will always rule in the best interests of the child. This is to ensure that a child is in a safe, healthy environment. Judges will consider all aspects relating to the child and how it will affect them.
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