In New York State, divorce is the legal procedure by which a married couple ends their marriage and obtains a court decree officially ending their marital relationship. This process is governed by New York State’s specific laws and procedures, offering various grounds for divorce, including both fault-based and no-fault options.
No-Fault Divorce, introduced in 2010, allows couples to divorce without proving fault, typically based on an irretrievable breakdown of the marriage due to a period of separation.
Before the introduction of no-fault divorce, New York allowed divorce on fault grounds like cruelty, abandonment, adultery, and imprisonment.
The divorce process in New York State involves filing a divorce complaint, serving legal documents, and addressing issues like property division, child custody, child support, and spousal support. Couples can pursue contested or uncontested divorces based on their agreement on divorce terms.
Given the complexity and variations in divorce laws and procedures, seeking legal advice or consulting an attorney is crucial when considering divorce in New York State.
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Contested Divorce
Happens when spouses can’t agree on important issues like property, kids, and money, which need to be settled for the divorce to happen. Common issues that may lead to a contested divorce include disputes over the division of marital property, disagreements about child custody and visitation arrangements, and disputes regarding financial support (child support or spousal support).
However, if no agreements can be reached, the divorce remains contested, and a judge will make the final decisions.
Uncontested Divorce
Generally suitable for couples who are able to communicate and cooperate with each other to reach agreements on the various aspects of their divorce.
This type of divorce is often seen as a more amicable and cost-effective way to end a marriage when both parties are in agreement on key issues.
Collaborative Divorce
A process in which a divorcing couple, with the assistance of specially trained attorneys and other professionals, work together to reach an agreement on the terms of their divorce without resorting to litigation or court intervention.
A beneficial option for couples who wish to maintain more control over the divorce process, reduce conflict, and achieve mutually agreeable solutions while avoiding the adversarial nature of traditional litigation.
Gray Divorce
Refers to the dissolution of marriage among couples who are in the later stages of life, typically over the age of 50 or 60, and who have been married for an extended period.
Legal Separation
A legal process through which a married couple can formalize their decision to live separately while remaining legally married. It is distinct from divorce in that it does not officially terminate the marriage but instead outlines the rights and responsibilities of each spouse during the separation period.
An option for couples who want to live apart but have reasons to maintain certain legal ties, such as religious beliefs, insurance coverage, or financial considerations.
Seeking a Divorce Lawyer?
Let our Certified Divorce Specialists™ who has undergone specialized training and acquired certification in the field of divorce and family law handle your case. Contact us at 518-412-4111 or you may fill up this form to schedule an appointment with us.
