Divorce is never a one-size-fits-all process. Every couple’s circumstances are different, and New York law recognizes that by offering several ways to end a marriage. Whether you live in Garden City or elsewhere on Long Island, it is helpful to understand the most common types of divorce so you can make an informed decision about which option best fits your situation.
No-Fault Divorce in New York
Since 2010, New York has recognized “no-fault” divorce, which allows couples to end their marriage without assigning blame or fault. A spouse only needs to state that the relationship has been irretrievably broken for at least six months.
This option is now the most common in New York because it avoids lengthy battles over who caused the breakdown. For many couples, especially those seeking to move forward with minimal conflict, no-fault divorce offers a practical solution.
Fault-Based Divorce
Although less common today, fault-based divorce still exists in New York. Grounds include:
- Adultery
- Abandonment (for one year or more)
- Cruel and inhuman treatment
- Imprisonment (for at least three years)
Couples sometimes pursue a fault-based divorce if misconduct could influence financial outcomes. For example, proof of abuse or infidelity may affect negotiations over spousal support. That said, proving fault typically requires evidence and can lengthen and intensify the process.
Contested Divorce
A contested divorce happens when the spouses cannot agree on one or more major issues. These disputes may involve:
- Child custody and parenting time
- Child support
- Spousal support (alimony)
- Division of marital property and debt
Because the court must resolve disagreements, contested divorces typically take longer and involve more expense. They may also lead to a trial, where a judge makes the final decision. This process can be stressful, but for couples with deep conflicts, it is sometimes the only way forward.
Uncontested Divorce
By contrast, an uncontested divorce occurs when both spouses agree on all the key terms of the divorce. This is often the fastest and most cost-effective type of divorce. Couples may draft their own settlement agreement and submit it to the court for approval.
Uncontested divorces are common among couples with fewer assets or those who want to part ways amicably. Even when there is broad agreement, having legal guidance helps ensure that paperwork is complete and agreements comply with New York law.
Mediated Divorce
Mediation is an increasingly popular option for families who want to avoid courtroom battles. In mediation, a neutral professional facilitates the couple’s negotiation of issues such as custody, support, and property division.
This process enables couples to create solutions tailored to their specific needs, often at a lower cost and with less hostility. Many in Garden City prefer mediation because it emphasizes cooperation and keeps decision-making in the couple’s hands, rather than leaving outcomes to a judge.
Collaborative Divorce
Collaborative divorce takes mediation a step further. Each spouse retains an attorney trained in collaborative law, and all parties commit to resolving disputes in writing without resorting to litigation. Other professionals, such as financial advisors or child specialists, may also be part of the process.
Collaborative divorce is particularly appealing to parents who wish to maintain a positive working relationship for the sake of their children. It promotes open communication and problem-solving while keeping the proceedings private and less adversarial.
How a Garden City Divorce Lawyer Can Help
Choosing the right type of divorce depends on your goals, financial situation, and family dynamics. At Aiello & DiFalco, we help clients in Garden City evaluate their options and pursue the path that best fits their needs.
Our attorneys provide guidance on whether no-fault, contested, or alternative approaches, such as mediation or collaborative divorce, may be appropriate. We also ensure that all agreements comply with New York law, protect your rights, and reduce the risk of future disputes. Having experienced counsel by your side means you can approach the process with clarity and confidence.
Finding the Right Divorce Path
From no-fault divorces to collaborative solutions, couples in New York have various options for ending their marriage. The right approach depends on your circumstances, but understanding these options is the first step toward moving forward.
If you are considering divorce in Garden City, the attorneys at Aiello & DiFalco are here to help you make informed decisions and protect your future. Contact us today to learn more about your options.
