Reviewed by Diana Szabo, Esq.
When your marriage isn’t going well, it can be incredibly overwhelming. Though you may want to try everything in your power to make things work, sometimes, it just isn’t possible. As such, understanding the different types of divorces and how to proceed during these matters is critical to ensure you understand what your options are during this process. The following blog explores these matters further and why connecting with a Long Island divorce lawyer is critical if you are ready to get a divorce.
What Are the Types of Divorce I Can Get?
If you have made the difficult decision to file for divorce, it’s imperative to understand your legal options during these matters. Generally, when you file, your divorce can be no-fault or fault-based. Which option you choose depends on the reason for your divorce. If you want to prove wrongdoing by your spouse for adultery, abandonment, or cruelty, for example, you can pursue a fault-based divorce. However, you must be able to provide evidence to support your claim.
It is important to understand, however, that choosing to file on a fault ground does not impact how the court divides property or awards alimony, though the underlying conduct may impact these matters. Since 2020, Domestic Relations Law § 236(B)(5)(d)(14) requires the court to consider acts of domestic violence when distributing marital assets, and such acts are considered in maintenance and custody decisions as well.
Most couples choose to pursue a no-fault divorce, in which neither party must prove wrongdoing by the other.
Grounds for Divorce Recognized by New York State
There are seven recognized fault grounds in New York in accordance with Domestic Relations Law § 170:
- Cruel and inhuman treatment that so endangers your physical or mental well-being that living together is unsafe or improper.
- Abandonment for a period of one or more years.
- Imprisonment of your spouse for three or more consecutive years, beginning after the marriage.
- Adultery.
- Living apart for at least six months under a judgment of separation.
- Living apart for at least six months under a written separation agreement.
- Irretrievable breakdown of the marriage for at least six months, stated under oath by one spouse.
The last is the no-fault option, and the ground on which most New York couples file for divorce. Because it relies on the sworn statement of a spouse, the other cannot prevent the divorce by disputing whether or not the marriage has broken down.
Once you file, your divorce will also be either contested or uncontested. The summons and complaint you filed with the court or the summons and complaint your spouse has filed will contain information about the terms and conditions of your divorce, including alimony, child support, and asset division. If you and your spouse can agree on the matters within this complaint, you will proceed with an uncontested divorce. However, if you cannot reach an agreement, your divorce will be contested. As such, you’ll need to try to negotiate, mediate, or litigate these matters for the dissolution of your marriage to be finalized.
What Should I Do if I’m Ready to File?
Before you take any steps, the first thing you should do is confirm that you meet the eligibility requirements to pursue a divorce under New York law. Domestic Relations Law § 230 sets five alternative residency paths, and you need to satisfy only one of them:
- You were married in New York, and either spouse lived in the state continuously for one year prior to filing
- You resided in the state as spouses, and either spouse resided in the state continuously for one year prior to filing
- The grounds on which you are filing arose in New York, and either spouse resided in the state for that year
- The grounds arose in New York, and both of you were residents when the action began
- Either spouse has resided in New York for at least two consecutive years prior to filing
The two-year path is the fallback for couples with no other connection to the state.
Importance of Organizing Documentation
If you are ready to file for divorce, it’s imperative to get prepared and organized to help make this process go as smoothly as possible. Generally, the first thing you’ll want to do is start gathering important documents, like your tax returns, pay stubs, real estate information, loan information, and bank account details. Having this information organized and readily accessible can help make this process go more smoothly.
Next, you’ll want to connect with an experienced attorney. Unfortunately, many assume they can navigate this process on their own. However, this increases the likelihood of mistakes that can impact you for years following the dissolution of your marriage. As such, obtaining legal representation during these matters is critical.
Connect With an Experienced New York Divorce Attorney Today
At Barrows Levy PLLC, we understand that you may want to begin the divorce process but aren’t sure where to start or what paperwork to file. That’s why our team is ready to assist you. When you want to transition into the next chapter of your life, our firm is here to help. We can guide you through this process while working to fight for the best possible outcome for your circumstances. Connect with us today to learn more.
