Basics of Divorce
If you are considering ending your marriage, you may be wondering what the basics of divorce are that you should know. Here are some of the first things that you will probably be wondering about.
Basics of Divorce | Types of Divorce
As far as the legal result for you, the divorcé(e), there are not different “types” of divorce: one divorce will always have the same legal effect as any other.
We do typically classify divorces as either contested and uncontested, and while they bear the same legal result, the former will be much longer and more expensive.
In an uncontested divorce, there is no conflict: you and your spouse agree on all of the issues pertaining to the divorce. To obtain an “uncontested” divorce, you must draft and sign an agreement and file it with other necessary court documents before the judge will grant your divorce.
If you have good reason to believe that you and your spouse can agree on the terms of an uncontested divorce, you could save a lot of money in legal fees.
Most divorces are contested, meaning the parties do not agree on all of the issues that they need to resolve before a court will grant a divorce. Broadly, these are the basis for the divorce, the division of assets, alimony, child custody, and child support.
Basics of Divorce | Grounds for Divorce
Historically, one could only obtain a divorce in New York State because of some demonstrable fault on behalf of one party. These grounds for a “fault” divorce included abandonment, imprisonment, cruel and inhuman treatment, and adultery. All states in the Union now recognize some form of “no-fault” divorce, meaning that the relationship between spouses has broken down and remained essentially unfixable for at least six months prior to one party filing. In 2010, the New York State Legislature added a provision for “no-fault” divorce. This has done much to reduce litigation in the state. Most litigants and attorneys now choose to file for divorce on a no-fault basis. There is a much lower burden of proof: the claim need rest only on one party’s sworn statement that the relationship has deteriorated.
Basics of Divorce | Married Outside of NYS
You may obtain a divorce in New York State even if you were married in another state, but there are residency requirements. If both spouses are currently living in New York State and have lived here continuously for one year, either may file for divorce. If only one party is living in New York State but has lived here continuously for two years, that party may file for divorce.
If you are considering divorce or are already involved in one, please call our experienced Saratoga divorce attorney Jean Mahserjian today for a consultation.