Are you and your spouse thinking about divorce? Worried about the potential costs and long-term impacts it could have on yourself and your family? Our devoted and experienced Albany divorce lawyers will help ease your burden during this stressful time. Call our office today to arrange a consultation.
Thinking About Divorce? | Different Types of Divorce
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 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.
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Thinking About Divorce? | New York 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.
Going through divorce can be an overwhelming process. Contact our experienced Saratoga divorce attorneys today to find out how we can help you.
