Answers to Frequently Asked No-Fault Divorce Questions
The State of New York is the only state in the Union that has not adopted strict “no-fault” divorce law.
In New York, there are six reasons or “grounds” for filing a divorce. But only one of these reasons allows the spouses to voluntarily agree to proceed with a no-fault divorce.
The six “grounds” for divorce in New York state are:
Ownership of real estate is evidenced by a deed. If two people are listed on the deed as joint owners, each owns an undivided one-half interest in the whole of the property.
Mortgages, on the other hand, are encumbrances placed upon real property by a lender to secure payment of a loan. A mortgage signed by one person to purchase real property encumbers that person\’s one-half interest in the real property.
A Separation Agreement is a contract, and if the Agreement was valid and binding when signed, it will be valid and enforceable at a later date.
However, if you are looking to use an older Separation Agreement as part of a Divorce filing now, the document must fully and accurately reflect the financial condition of the parties today.
Clearing title on a piece of real estate without a signature from one of the property’s owners is a fairly complex legal issue with many variables, including the application of state laws.
Possible solutions include:
“Legally separated” can be a misnomer; in many cases, a legal separation and a divorce are the same process. Many people mistakenly call a signed Separation Agreement a “legal separation”, which is not entirely accurate.
If you and your spouse can agree to all of the terms of a Divorce and have no children from the marriage, the Separation Agreement and Divorce filing can be created simply and inexpensively using Standard Legal’s No-Fault Divorce legal forms software. But this option from Standard Legal is only for couples without minor-age children.
It depends what steps you take in advance of his bankruptcy filing, and what the mortgage company chooses to do.
Generally, going through the refinancing process for any mortgage on a home when a quitclaim deed has been filed is the safest avenue for a homeowner to pursue. When a quitclaim deed is filed, the obligation within the mortgage documents changes essentially: from the couple jointly owning the property, to just one of the original individuals named in the deed. So the mortgage holder has one less person from which to collect payment, thus increasing their exposure.
Standard Legal offers only No-Fault Divorce software for couples WITHOUT MINOR CHILDREN (children under the age of 18) because we feel couples with young children are better served if an attorney is involved, as a number of custody and child support issues can arise.
If you and your spouse cannot agree on every issue related to your divorce, or if there are unique circumstances surrounding your divorce case, handling the matter pro se may not be wise — or even possible.
Most likely, none. Standard Legal offers No-Fault Divorce legal forms software, as a No-Fault Divorce is an amicable agreement between a husband and wife to end a marriage.
In a number of states, a No-Fault Divorce proceeding is referred to as a “dissolution”. As such, if you wish to utilize