July, 2019 | Law Offices of Akram Louis

Clients often ask about the difference between uncontested divorce and no-fault divorce. Although the terms sound very similar, they refer to two different aspects of divorce law. Generally speaking there are two types of divorce: contested and uncontested. Contested divorce is exactly what it sounds like. The parties cannot agree on the division of property and/or assets or there are custody issues, so the divorce is contested.  In a contested divorce, it is important to find an attorney who specializes primarily in the field of matrimonial law. Your lawyer should be able to break down your case so that you understand its possible weaknesses. The attorney that you choose should also develop a strategy for you in order to help overcome the weaknesses on your case.

In a situation where the parties have no property and/or children or can agree on all essential terms of the divorce in a “stipulation”, the divorce is considered uncontested.

Either way, a divorce when filed (be that contested or uncontested) must indicate on what grounds the parties wish to dissolve the marriage. In New York, there are seven grounds upon which a party may file for divorce:

  1. Irretrievable breakdown in relationship for a period of at least 6 months
  2. Cruel and inhuman treatment
  3. Abandonment
  4. Imprisonment of one party
  5. Adultery
  6. Divorce after a legal separation for at least one year
  7. Divorce after a judgment of separation

The first ground – irretrievable breakdown in a relationship for a period of at least 6 months – is what is commonly referred to as a NO-FAULT DIVORCE. To use this ground, the marriage must have broken down for period of at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled.  New York State did not permit a “no fault divorce” until 2010 when the law was amended to add these additional grounds for people who wanted to get divorced but not claim any fault on behalf of either party.

In summary, whereas the term “uncontested divorce” refers to the type of divorce where the parties are not contesting any issues, the term “no-fault divorce” refers to the grounds upon which the divorce is being sought, i.e. irretrievable breakdown of the relationship for at least 6 months.

Louis and Mamedova, PLLC have the best ability to address complex child support concerns, help non-custodial guardians presented with child support petitions and different other child support issues. Numerous guardians are stressed over paying a lot in child support; we can secure your rights and guarantee your children’s needs are met.

Child support alteration:

  • Child support orders that were made on or after October 13, 2010, can be upwardly altered in three different ways:
  • At regular intervals, the custodial parent is qualified for an all over again audit of his or her child support estimation;
  • If the non-custodial parent’s salary increased by 15 percent or more; or
  • An appearing of a generous change in conditions.

By what means can the non-custodial parent bring down his or her child support commitment?

The parent that is paying child support can reduce the measure of child support by showing that he/she lost his/her employment with no flaw of his/her own. This implies the parent that is paying child support can’t deliberately stop or land terminated from their position. If the court discovers that a parent lost his/her employment purposefully, the court will deny the appeal to bring down the child support.

Implementation of child support

If the non-custodial parent owes you child support and isn’t paying child support or not paying on schedule, you have to contact our office to enable you to implement the child support order by recording an infringement appeal. There are a few solutions for you to get back child support: suspension of driver’s permit, visa disavowals, and capture of an assessment discount. Furthermore, you can get a cash judgment which conveys a 9 percent loan fee and the payer may face correctional facility time on if the individual in question is found at a preliminarily in resolute infringement of not paying the child support order.

Children are important in any divorce matter. We work thoroughly to assure that their passionate and budgetary needs are met.

As your best lawyer and supporter, I can secure your rights and guarantee your reasonable treatment under the law. Contact my Brooklyn office today at +1 (917) 284-2284 to organize your discussion.