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Types of Divorce in New York

Although most divorcing couples are working towards the same goal — a dissolution of marriage that leaves both parties satisfied — there are multiple paths to arrive at this resolution.

This list is intended to give you a better idea about the types of divorces that are available in New York:

  • At-Fault. In this type of divorce, one party must be able to prove the other party was at-fault. There are various grounds for fault in New York, including adultery, abandonment and inflicting cruel and inhuman treatment upon a spouse, among others.
  • No-Fault. Neither party is at fault and a divorce can be filed because of irreconcilable differences.
  • Summary. Both parties are able to agree on the major issues before the divorce proceedings and also meet certain requirements. Some of the requirements are that the marriage was shorter than five years, there are no children, and there is minimal property between parties.
  • Uncontested. This is when both parties reach an agreement about key issues (child custody, asset division, etc.), either on their own or with the help of lawyers.
  • Collaborative or mediated. Both parties agree to meet out of court with the idea of working together to dissolve the marriage amicably and agree on all of the terms of the divorce, usually with the help of a trained mediator.

Because the divorce system can often be complicated and confusing, it helps to discuss your situation with a lawyer. Contact an experienced divorce attorney on Long Island today for a consultation.

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