Consensual No-Fault Divorce
In a consensual no-fault or uncontested divorce, one party files a divorce complaint and serves it upon the non-filing party. Then there is a 90-day waiting period, during which time nothing can be filed with the court. This is called the “cooling off period.” Once 90 days have passed, so long as the parties have agreed upon all other financial issues such as division of property, child support, and alimony, if applicable, the court will grant the parties a divorce after they each sign an affidavit agreeing to be divorced.
When one party does not agree to be divorced, this is called a non-consensual divorce. The party who wants the divorce must then wait one year from the date the parties separate before that party can ask the court for a divorce. After this one year period, the court will divorce the parties, even if one party does not consent.
Whatever your situation, the divorce lawyers at Schwartz, Fox & Saltzman, LLC have the experience to provide the advice and legal representation you need to protect and assert your interests.