Divorce in 2024 | Aiello & DiFalco LLP

Untying the Knot: New York Divorces in 2024

If you’re on Long Island and considering a divorce, contact Aiello & DiFalco LLP today. Take advantage of our free initial consultation to explore your options and learn how our lawyers can provide you with the compassionate and practical support you deserve. In the meantime, read on to learn more about New York divorce cases in the following guide to divorce in 2024.

Empire State Separations by the Numbers

Divorce and marriage rates are key indicators of social trends in America. The following data points offer a clear view of these statistics for the entire country and for New York specifically:

The adjusted divorce rate in the United States was at its highest in 1979. Since then, the nationwide divorce rate has generally been declining.
Since 2012, divorce rates have fallen each year, according to American Community Survey data.
In 2022, 2,065,905 marriages were registered nationwide, with a marriage rate of 6.2 per 1,000 Americans.
In the same year, there were 673,989 divorces reported by 45 states and the District of Columbia, translating to a divorce rate of 2.4 per 1,000 Americans.
New York’s marriage rate in 2022 was 6.3 marriages per 1,000 people, closely aligning with the national average.
New York’s divorce rate was slightly below the national average in 2022, at 2.3 divorces per 1,000 total population.
The year before, New York ranked 38th among all states in terms of divorce frequency for women, with 12.5 divorces per 1,000 married women in 2021.
New York saw a total of 44,235 marriage dissolutions in 2021, of which 44,162 were divorces and 58 were annulments.

How COVID-19 Reshaped New York Marriages

The COVID-19 pandemic significantly influenced divorce rates in the United States, reflecting broader societal and economic disruptions. Here’s a straightforward summary of how the pandemic impacted divorce statistics nationwide:

There was a 12 percent decrease in administrative counts of divorces after the pandemic began, according to data from 35 states.
The American Community Survey indicated a nearly 10 percent drop in the adjusted divorce rate, from 15.5 per 1,000 married women in 2019 to 14.0 in 2020.
There was also a decrease in the number of women who divorced between 2020 and 2021 – 960,014 women reportedly divorced in 2020, and 948,862 divorced in 2021.
Despite this decrease in the number of women who divorced, the divorce rate remained stable at 14.0 divorces per 1,000 married women for both 2020 and 2021.
That said, this rate of 14.0 divorces per 1,000 married women in 2020 and 2021 was the lowest recorded in 40 years.
Over the past two decades, the divorce and annulment rate has been gradually declining. The divorce rate decreased from 2.7 per 1,000 people in 2019 to 2.3 in 2020.
After a slight increase to 2.5 per 1,000 people in 2021, the divorce rate reduced again to 2.4 in 2022, continuing the downward trend.

Leading Causes of Divorce in New York

The following statistics reveal the diverse legal grounds that couples in New York used to dissolve their marriages in 2021. Notably, the vast majority of divorcing couples did not specify a particular reason, which might suggest a preference for no-fault divorce or a desire for privacy.

In 2021, New York State recorded a total of 44,162 divorces.
Of these, 43,027 divorces (97.4 percent) did so on no-fault grounds.
Abandonment led to 551 divorces (1.2 percent).
Separation by agreement preceded 407 divorces (0.9 percent).
Cruelty was the grounds for divorce in 111 cases (0.3 percent).
Adultery caused 39 divorces (0.09 percent).
Imprisonment was the reason for 13 divorces (0.03 percent).
Fourteen divorces occurred after legal separation (0.03 percent).

Decoding NY's Trio of Marital Dissolutions: Annulment, Legal Separation, and Divorce

Annulment, legal separation, and divorce each offer different ways to end or suspend a marriage in New York. An annulment treats the marriage as if it legally never existed due to reasons like underage marriage, incapacity, or fraud. A legal separation allows couples to live apart without ending the marriage, setting terms for finances, custody, and living arrangements through a separation agreement. Divorce legally ends a marriage and can be uncontested or contested, depending on whether spouses agree on the terms. Let’s explore each of these legal measures in detail.

Annulment

An annulment is a legal procedure that declares a marriage null and void as if it never legally existed. This differs significantly from a divorce, which recognizes that a valid marriage existed but has legally ended. The main difference lies in the grounds – the courts only grant annulments when they determine the marriage was invalid from the start. Thus, while divorce dissolves a legal union, annulment asserts that the union never existed in the eyes of the law. This distinction affects issues like property rights and inheritance, often resulting in fewer legal obligations between the parties compared to a divorce.

Under New York law, marriages only qualify for annulment if they meet specific conditions. Here are the grounds for annulment under New York law:

Age: If either party was under 18 (the age of consent) at the time of the marriage, the court can annul the marriage.
Mental Capacity: A marriage qualifies for annulment if one person was mentally incapable of understanding the nature of the marital contract when they entered into it. This also applies if a person has had an incurable mental illness for five years or longer.
Physical Incapacity: If one party is physically unable to consummate the marriage and this incapacity is incurable, the court can annul the marriage. This type of annulment action must be brought within five years of the start of the marriage.
Consent Issues: A marriage can be annulled if one party obtained consent by force, duress, or fraud. For force or duress, the annulment can be sought at any time unless the couple later voluntarily lives together. For fraud, the action must be brought within the time limits for civil remedies unless the couple cohabited after the fraud was known.
Incest: Marriages between close relatives, such as siblings, uncles and nieces, or aunts and nephews, are void from the start and eligible for annulment.
Prior Marriage (Bigamy): If one party was still legally married to someone else at the time of the marriage, the second marriage is considered void.

Legal Separation

A legal separation is a formal arrangement that allows married couples to live apart while remaining legally married. This process does not end the marriage like a divorce, but it does allow both parties to make binding decisions about the terms of their separation. Here’s how legal separation works in New York:

A legal separation in New York requires a separation agreement, which is a contract between the spouses. The separation agreement must outline how the couple will handle living arrangements, financial responsibilities, child custody, and the division of marital property during the separation period.
The court does not grant separation agreements or provide separation agreement applications – spouses must create them independently. However, couples may file their agreements with the County Clerk’s Office for a filing fee. This is not required, but it can be beneficial for record-keeping and enforcement.
To create a valid separation agreement, both parties must agree to the terms and sign the document. Their signatures must be notarized.
Spouses cannot create separation agreements if they do not know where their spouses are or if either party does not agree to the terms. Also, a separation agreement only becomes legally binding once it is notarized, not before.
After one year of being legally separated under a valid agreement, either spouse can file for a “conversion” – a divorce based on the terms of the separation agreement.
Conversion allows for a more straightforward and less contentious divorce process, as no additional grounds for divorce are necessary beyond the existence of the separation agreement.
Parties may request that the court issue a Judgment of Separation to incorporate a separation agreement in order to distribute assets like retirement accounts

Divorce

In New York, divorce is a legal process that ends a marriage through a court order. Here’s what you need to know about the divorce laws in this state:

Where to File: You can only file for a divorce in the Supreme Court of New York. Unlike other matters like child support, custody, or spousal support, the Family Court does not handle divorce cases. The marriage doesn’t legally end until a Supreme Court judge signs the Judgment of Divorce. You can file for divorce in the Supreme Court serving the county where you live.
Types of Divorce: There are two types of divorce: uncontested and contested. An uncontested divorce is one in which both spouses agree on all the divorce terms, including asset division and child custody. A contested divorce is one where the spouses disagree on one or more terms and require the court to render a decision.
Residency Requirements: To file for divorce in New York, you or your spouse must meet certain residency conditions. There are two ways to do this. One option involves proving that either you or your spouse has lived in the state continuously for at least two years. The other involves proving that you or your spouse has lived in the state for at least one year. However, this is only an option if the marriage took place in New York, you lived as a married couple in the state, or the grounds for divorce happened in New York.
Grounds for Divorce: New York allows for both no-fault and fault-based divorces. To file a no-fault divorce, you must demonstrate an irretrievable breakdown of the relationship for at least six months and resolve all outstanding economic and custody matters. To file a fault-based divorce, you must demonstrate cruel and inhuman treatment, abandonment for at least a year, imprisonment of a spouse for three years, or adultery. You can also obtain a divorce if you file a legal separation agreement or receive a separation judgment from the court and live apart for one year. Virtually all divorces filed in NY are now no-fault divorce cases.
Financial Disclosures: During the divorce proceedings, both spouses must complete a Statement of Net Worth to disclose their finances comprehensively. This includes income, expenses, assets, and debts.
Property Division: Under New York’s equitable distribution law, all marital property acquired during the marriage must be divided fairly, which does not always mean equally. Separate property, which includes all property either spouse acquires before the marriage or receives as a gift or inheritance, is not subject to division.
Spousal Maintenance: New York law allows divorcing spouses to request spousal maintenance (alimony), which is financial support one spouse pays to the other. This can include temporary payments that only last throughout the divorce process or permanent payments that continue after the court finalizes the divorce.

Courtroom Showdowns or Peaceful Talks? NY's Shifting Divorce Landscape

Mediation and litigation are the two most common methods for handling divorce cases.

Divorce mediation is a process in which a neutral third party, called a mediator, helps divorcing couples reach an agreement on the various aspects of their separation that must be resolved before the divorce can be finalized. The mediator does not make decisions for the couple – they facilitate discussions to help them find common ground. This method focuses on collaboration rather than confrontation and is generally faster and less expensive than traditional divorce through litigation.

Divorce litigation is the process of resolving divorce issues through the court system. In litigation, each party typically hires their own attorney to present their case before a judge, who makes decisions on contested issues such as child custody, property division, and alimony. Litigation usually ends with a court order that legally finalizes the divorce and all agreements. This path is often necessary when couples cannot resolve their differences through mediation or other collaborative methods.

Benefits and Drawbacks of Mediation

Divorce mediation offers several benefits over divorce litigation, making it a popular choice for many couples, even though it’s not suitable for everyone. One significant benefit is cost efficiency. Mediation typically costs much less than litigation because it is quicker and does not require couples to pay for court proceedings or lengthy legal battles. Another advantage is speed. Mediation can resolve divorce disputes within a few weeks or months, whereas litigation can stretch on for years.

Mediation also promotes confidentiality. Unlike court cases, which are public, mediation sessions are private. This privacy allows couples to protect their personal details and reduce stress. Moreover, mediation gives couples more control over the outcome. Instead of leaving things up to a judge, the couple makes decisions together, which can lead to more satisfactory agreements and facilitate a better post-divorce relationship.

However, mediation has its drawbacks, too. It relies heavily on both parties being cooperative and transparent. If one spouse is uncooperative or there is a significant imbalance of power between the spouses, such as in cases of emotional abuse, mediation might not be effective. Additionally, without the formal legal guidance inherent to litigation, parties might agree to terms that are not legally sound or in their best interest during mediation. Therefore, while many divorcing couples find mediation to be highly beneficial, it’s not the best option for every divorce case.

Benefits and Drawbacks of Litigation

Divorce litigation involves resolving divorce disputes through the court system. One of the main benefits of litigation is the structured legal framework it provides. This method uses formal procedures and time-tested legal standards, requiring both parties to adhere to the rules so the process is fair. Litigation is particularly beneficial when the divorcing couple cannot cooperate or communicate effectively due to high conflict or complex issues such as child custody arrangements.

Another advantage of litigation is the enforceability of the decisions. Court rulings are legally binding and enforceable as soon as they’re issued, providing a clear, authoritative resolution that both parties must follow. This can be beneficial in cases where trust is lacking or one party might change their mind between committing to an informal compromise and finalizing a divorce agreement.

However, litigation also has significant drawbacks. It is usually the most costly option due to attorney fees, court costs, and the length of time the process can take. Litigation is often highly time-consuming, sometimes taking months or even years to finalize a divorce. This prolonged process can increase stress and hostility, potentially further damaging the relationship.

Moreover, the open nature of court proceedings means personal issues can enter into the public record, which can affect personal and professional reputations. The adversarial nature of litigation can also polarize spouses, making cooperative post-divorce relationships more difficult to maintain – often a must when children are involved. So, while litigation can provide a definitive resolution to complex disputes, it comes with high financial and emotional costs.

Top New York Divorce Questions Answered

Below are some straightforward answers to some of our most frequently asked questions about divorce in New York.

How Does the Divorce Process in NY Work?

The divorce process in New York begins when one spouse (the plaintiff) files a divorce complaint against the other spouse (the defendant) in the Supreme Court.

The plaintiff needs to provide a legal reason (grounds) for the divorce. New York allows both no-fault grounds, where the relationship has broken down irretrievably for at least six months, and fault-based grounds, like cruelty, abandonment, imprisonment, or adultery.

Once the plaintiff files their complaint, they must serve the divorce papers on the defendant. This involves having a third party deliver the documents in person to ensure the defendant knows about the divorce action. If the plaintiff does not know their spouse’s whereabouts, they can use alternative methods like publishing a notice in the newspaper, provided they get court approval.

After receiving the divorce papers, the defendant has a chance to respond. If they agree with all terms, the divorce can proceed uncontested. If not, it becomes a contested divorce, typically requiring further legal proceedings, such as negotiations, mediation, or a trial.

Finally, once the couple resolves all relevant issues through agreement or court judgment, the judge will issue a final divorce decree, legally ending the marriage. This formalizes all arrangements on financial matters, custody, and any other terms set forth in the agreement.

What is NY’s Equitable Distribution Law?

In divorce proceedings, marital assets must be divided as fairly and equitably as possible by New York law. Equitable distribution does not mean equal distribution or that each spouse gets exactly half of all marital property. The court considers multiple factors in determining an equitable split and not all are financial, such as:

The age and health of each spouse;
How long the marriage lasted;
What the contributions of each spouse were in a marriage;
And, if there are minor children involved, who the primary caregiver will be.

The court will also determine if assets are marital or separate property for the purpose of equitable distribution. Marital property includes assets gained or contributed to during the marriage, such as retirement accounts and real estate obtained during this time. Separate property, on the other hand, includes assets acquired by one spouse before the marriage, as well as assets designated as separate in a written agreement, such as a prenup.

After identifying the marital and separate property and their total value, the court will use equitable distribution law and other relevant factors to decide how to divide the couple’s assets.

How Much Is a Divorce If Both Parties Agree?

When both parties agree on all divorce terms, their divorce is uncontested, which generally costs much less than a contested divorce. The cost of an uncontested divorce in New York can vary, but it typically includes court filing fees and possibly attorney fees if you hire legal representation.

Court filing fees are mandatory, and the total costs start at $335, which includes the index fee and filing for a summons and complaint. If you hire an attorney to handle the paperwork and file everything correctly on your behalf, you will also incur legal fees. These costs can range widely based on the complexity of your case, but a simple uncontested divorce typically costs anywhere from $2,500-5,000 in legal fees. While it might be tempting to forego this expense, remember that the terms of your divorce are binding, and a mistake now could prove much costlier down the road.

In many cases, you will incur other smaller costs for things like notarizing and copying documents. However, if both parties can agree on the division of property, custody arrangements, and other matters without extensive negotiation, the financial burden of divorce decreases significantly. It’s always a good idea to get a clear estimate from a lawyer before proceeding to understand all potential costs involved.

How Much Does a Divorce Lawyer Cost?

The cost of a divorce lawyer in New York can vary widely depending on several factors, including the complexity of your case, the lawyer’s experience, and the specific services you require. Generally, divorce lawyers charge either a flat fee for simple, uncontested divorces or an hourly rate for more complicated, contested cases.

Lawyers commonly charge a flat fee for uncontested divorces, where both parties agree on all terms and no extensive legal services are necessary beyond paperwork preparation. This fee typically ranges from $2,500-5,000. This flat rate usually covers all standard legal documents and one or two court appearances as necessary.

For contested divorces, where disagreements about assets, custody, or other issues require negotiation and possibly a trial, lawyers usually charge an hourly rate. This rate can vary between $400 and $600 per hour, depending on the lawyer’s experience and reputation. A typical contested divorce often requires 10 to 30 hours of a lawyer’s time, so the total cost can range from $5,000 to $20,000 or more.

It’s best to discuss all fees with your lawyer upfront to understand what services are included and get an estimate of the potential cost based on your specific circumstances. This allows you to budget more effectively and avoid any unexpected expenses during the divorce process.

How Long Does a Divorce Take in New York?

The duration of a divorce in New York depends largely on whether it is contested or uncontested. An uncontested divorce, where both parties agree on all terms, is often relatively quick. This type of divorce can typically be resolved in about three months, but the process could be even shorter if the couple promptly files all the paperwork and doesn’t encounter any complications.

In contrast, a contested divorce, where the spouses disagree on key issues like property division, child custody, or alimony, can take much longer. These types of divorces often require negotiations, court hearings, and sometimes a trial, which can significantly extend the timeline. A contested divorce in New York can take anywhere from nine months to several years or more, depending on the complexity of the issues and the court’s schedule.

Additionally, New York has residency requirements that couples must meet before they can file for divorce. Either spouse must live in the state for at least two years or for at least one year under certain conditions before they can file. As a result, this requirement can also influence the timeline of the divorce process.

How a Divorce Lawyer Can Help

Hiring a skilled lawyer is essential when dealing with the legal aspects of a divorce in New York. A knowledgeable divorce lawyer can help you by:

Explaining the legal requirements for filing a divorce in New York, determining whether you meet the residency requirements, and advising you on the appropriate grounds for your divorce
Drafting and filing the divorce petition and other necessary paperwork and serving divorce papers to your spouse
Interpreting financial statements and valuing assets, protecting your rights to pension and retirement funds, and negotiating property division agreements
Representing you in child custody and parental rights discussions and advising you on child support arrangements
Advocating for fair maintenance (alimony/spousal support) payments
Enforcing existing court orders related to your divorce and modifying divorce agreements when circumstances change
Guiding you through the discovery process to gather evidence, mediating conflicts to avoid court where possible, and preparing you for and representing you in court hearings as necessary
Contesting unjust claims or demands from the opposing party
Complying with all relevant legal timelines and deadlines

Contact a New York Divorce Lawyer Now

Start your divorce proceedings with confidence by contacting Aiello & DiFalco LLP today. Our team is prepared to handle all the legal details of your divorce case and offer clear guidance throughout the process. Call us now for your free initial consultation, and take the first step toward resolving your situation.

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