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In the case of an uncontested divorce should I file for a fault or no-fault divorce?

Q: 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.

A: David's Answer: 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. - David Bliven, Bronx Uncontested Divorce attorney (

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