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Get the free No-fault and fault-based divorce in New York: A checklist

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IMPORTANT NOTICE: ONLY LICENSED LAWYERS OR STAFF ACTING UNDER THEIR DIRECTION ARE ELIGIBLE AND AUTHORIZED TO FILE A PROCEEDING TO WHICH THIS CHECKLIST APPLIES CHECKLIST FOR LAWYERS UNCONTESTED TESTATE
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How to fill out no-fault and fault-based divorce

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How to fill out no-fault and fault-based divorce

01
Determine the grounds for divorce - assess if your state allows no-fault or fault-based divorce.
02
For a no-fault divorce, complete a petition stating irreconcilable differences or a similar reason.
03
For a fault-based divorce, identify specific grounds (e.g. adultery, abandonment) and outline these in the petition.
04
Fill out required court forms accurately, including financial disclosures if required.
05
File the paperwork with the appropriate court and pay any filing fees.
06
Serve the divorce papers to your spouse as per legal requirements.
07
Attend any required hearings or mediation sessions.
08
Finalize the divorce by obtaining a decree from the court.

Who needs no-fault and fault-based divorce?

01
Individuals whose marriages have irreconcilable differences may opt for a no-fault divorce.
02
Individuals who have evidence of wrongdoing by a spouse (such as infidelity or abuse) may consider a fault-based divorce.
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No-fault divorce allows a couple to dissolve their marriage without proving wrongdoing by either party, typically citing irreconcilable differences. Fault-based divorce requires one spouse to prove the other's misconduct, such as adultery or abuse, as grounds for the divorce.
Either spouse can file for a no-fault or fault-based divorce, depending on the jurisdiction and the circumstances of the marriage. Generally, the filing spouse needs to meet the residency requirements of the state where they are filing.
To file for either type of divorce, one must complete specific forms provided by the local court, including a petition for divorce, and any required affidavits or disclosures. It's advisable to check state laws or consult legal assistance for guidance on completing the forms correctly.
The purpose of no-fault divorce is to allow couples to end their marriage amicably without the need for proving blame, while fault-based divorce aims to hold one spouse accountable for the breakdown of the marriage, which can impact division of assets or custody.
Generally, required information includes the personal details of both spouses, the date of marriage, grounds for divorce (in fault-based cases), and any relevant financial information, custody considerations, and property division matters.
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