Types of Divorces in New York
When a marriage is not working, a couple may seek out a divorce. Divorce is not an easy process. It is a long, and complex process that requires a great amount of patience. When couples go through this process, there are many things to take into consideration. Spouses must come to agreements on difficult situations before they can go their separate ways. Every couple may settle their own divorce differently than another depending on their circumstances. If you are going through a divorce, an experienced attorney in Rockland County can help guide you through the process.
A contested divorce occurs when a couple cannot agree on the terms of their separation. This happens when they fail to sign an agreement, leaving marital issues unsolved. In cases like this, a judge may be assigned to make these decisions for the couple. This may include decisions on child support, child custody, dividing marital assets, and alimony.
In a contested divorce, a spouse may cite “fault” or “no-fault” grounds. Fault grounds can be cited when a marriage falls apart due to adultery, habits of intoxication, abuse, desertion, or prison sentences of 5+ years. When a no-fault grounds are cited, neither spouse is holding the other accountable for the end of the relationship. When this happens, the divorce process may begin.
In some divorce cases, both spouses agree that their marriage cannot be fixed. When spouses agree to their own conditions of a divorce, it is known as an uncontested divorce. When neither spouse is holding the other responsible for the end of their marriage, it is also known as an “Irretrievable Breakdown of Marriage.” There are two types:
- 1A divorce: when the couple agrees on all issues relating to the divorce.
- 1B divorce: when those issues are left unresolved.
Divorce methods outside of court exist to allow couples to come to agreements on their own terms without the assistance of a judge. While it is not always possible for all couples, the option exists for those who do not wish to divorce through a trial. Mediation is available to give couples the chance to negotiate the terms of their divorce. This happens with the help of an unbiased third party who listens to both sides of the marriage in order to find a situation that works best for both spouses. Conversations in mediation may cover marital issues such as child support, child custody, the division of assets, and alimony. When spouses are able to reach an agreement, the mediator brings a signed document of proof to the court.
Collaborative divorce also occurs outside of the court. In a collaborative divorce, spouses take part in four-way meetings that are guided by attorneys. This is to assist the separating couple in reaching an agreement on marital terms.
This method of divorce through arbitration also involves an unbiased third party. Unlike mediation, this third party’s acts as a judge even though it takes place outside a court. This person makes decisions regarding a couple’s marital issues. This may include child custody/support, spousal support, and distribution of assets.
Contact our Firm
If you or someone you know is considering a divorce and wish to seek legal counsel to guide them, contact the Law Office of Peter L. Jameson, PLLC. today.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.