Types of Divorce in New York

Accel Admin   March 22, 2019   Comments Off on Types of Divorce in New York

When married couples have differences that they cannot resolve, they may wish to divorce. Going through a divorce can be a long and complicated process for some couples. While going through this process, there are many marital issues to take into consideration. Before they go their separate ways, a couple must reach several decisions regarding these issues. Every couple handles divorce differently, therefore there are several ways a divorce may occur. If you are going through a divorce, an experienced attorney can help guide you through the process.

Contested Divorce

When a couple cannot agree on the terms of their separation, it is considered to be a contested divorce. This occurs when the spouses fail the sign an agreement on marital issues, leaving them unresolved. When this happens, a judge may take over making these decisions for the couple. This may include decisions relating to child support, child custody, alimony, and dividing marital assets.

When a contested divorce occurs, a spouse may cite “fault” or “no-fault” grounds. Fault grounds may be cited if a marriage falls apart due to adultery, abuse, desertion, habits of intoxications, or a prison sentence of 5 years or more. When no-fault grounds are cited, it means that neither spouse is holding the other responsible for the end of the marriage and the divorce proceedings may begin.

Uncontested Divorce

Sometimes, in a divorce, both spouses believe that their marriage truly cannot be fixed. When they agree on their own conditions of the divorce, it is known as an uncontested divorce. When neither spouse holds the other responsible, it is also known as an “Irretrievable Breakdown of Marriage.” The two types of irretrievable breakdowns are:

  • 1A divorce: When the couple agrees on all marital issues relating to the divorce.
  • 1B divorce: When marital issues are left unresolved.

Alternative Methods

There are some divorce cases in which a couple does not wish to go to court to settle their disagreements. While it is not possible for all couples, there are options available to spouses in order to end their marriage. These different divorce methods exist to allow couples to come to agreements on their own terms without the assistance of a judge. Conversations within these methods cover marital issues such as child support, child custody, the division of assets, and alimony. Some examples of different divorce alternatives are:

  • Mediation: Available to couples in order to give them an opportunity to negotiate the terms of the divorce with the help of an unbiased third party to mediate any disagreements.
  • Collaborative: Allows couples to take part in four-way meetings that are guided by attorneys to help spouses reach agreements on marital terms.
  • Arbitration: An unbiased third party acts as a judge to make decisions for the couple regarding their marital issues.

Contact our Firm

If you or someone you know is considering a divorce and wish to seek legal counsel to guide them, contact The Pollack Law Firm, P.C. today.

The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.