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New York Divorce Lawyer

If you have made the difficult decision to end your marriage, you likely have a lot of questions. Below, our New York divorce lawyer answers some of the most common questions so you can fully prepare for the process and obtain the best outcome possible.

What is the Difference Between Divorce and Legal Separation?

Divorce is an option for couples who want to end their marriage. During the divorce process, couples must resolve all terms, including property division, child custody and support, spousal support, and more. Once a dissolution of marriage has been awarded by the court, the couple is no longer legally married.

Some couples no longer want to live as spouses, but they also do not want to get a divorce. Many couples are hesitant to get a divorce because they are not sure they want to end their marriage, for religious purposes, or because one spouse wants to remain on the other’s health insurance. In these cases, couples can obtain a legal separation. During a legal separation, couples live separate and apart from each other, but they must still resolve all the same issues as in a divorce. However, the couple is still legally married.

What are the Grounds for Divorce in New York?

In 2010, New York became the last state in the country to allow no-fault divorces. During a no-fault divorce, neither party accuses the other of being at fault for the breakdown of the marriage. Instead, one person only has to cite irreconcilable differences.

Still, New York law also allows for fault-based divorces. The grounds for fault-based divorces in New York are adultery, cruel and inhuman treatment, and abandonment. When filing a fault-based divorce, the party making accusations must also prove their spouse was at fault. A New York divorce lawyer can advise on which type of divorce is best for you, and the possible outcomes with each type.

What are the Types of Divorce in New York?

Along with fault-based and no-fault divorces, couples in New York can also obtain an uncontested or contested divorce. During an uncontested divorce, couples agree to all the terms of the case, including property division, spousal support, child custody, and more. An uncontested divorce does not require mediation or litigation to resolve the issues because the couple can agree on their own.

Uncontested divorces cases can become contested very quickly. A contested divorce is one in which the couple cannot agree to all the terms. Couples going through a contested divorce may have to enter mediation or collaborative law to resolve their issues, or they may have to take their case to trial.

Our Divorce Lawyer in New York Can Help You Resolve Your Issues

Contested divorce cases can be very expensive, but our New York divorce lawyer can help you resolve your issues quickly and easily. At Poulos LoPiccolo, our seasoned attorney has the expertise needed to negotiate with the other side and help you achieve the best outcome possible. Call us now at 646-931-0011 or contact us online to schedule a consultation.

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