Exploring the Types of Divorce in New York: What You Need to Know

Types of Divorce in New York

New York State offers various types of divorce options to accommodate different situations and preferences. Here are some common types of divorce in New York:

1. Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues, such as child custody, child support, division of assets, and spousal support. They may have reached a settlement agreement through negotiations or alternative dispute resolution methods. In an uncontested divorce, the court reviews the agreement and issues a final judgment of divorce.

2. Contested Divorce

A contested divorce happens when spouses are unable to reach an agreement on one or more key issues. This may involve disputes related to child custody, division of property, alimony, or any other significant matters. In a contested divorce, the court will make decisions on these issues after considering evidence and hearing arguments from both parties.

3. Collaborative Divorce

A collaborative divorce involves spouses and their respective attorneys working together in a cooperative and respectful manner to reach a mutually acceptable settlement. It typically involves negotiation and the use of alternative dispute resolution techniques. If an agreement cannot be reached, the collaborative process ends, and the spouses will need to pursue other options.

4. Mediated Divorce

In a mediated divorce, a neutral third-party mediator assists the spouses in reaching a mutually agreed-upon settlement. The mediator facilitates communication and helps the spouses work through their differences. The mediator does not provide legal advice but focuses on helping the parties find common ground and resolve disputes.

5. No-Fault Divorce

New York also allows for “no-fault” divorce, where neither spouse is legally required to prove any wrongdoing or fault on the part of the other. A no-fault divorce is based on the irretrievable breakdown of the marriage and can be granted if the couple has been living apart for a specific period of time.

It’s important to consult with a qualified family law attorney in New York to understand the specific laws, procedures, and options available to you based on your circumstances.