Often, when a couple is getting a divorce, they attempt to make the process as private as possible. Two of the most important things to consider when it comes to maintaining your privacy are the grounds on which you file, and the divorce process you choose. Read on to learn more about the best ways to keep your New York divorce as private as possible.
Fault vs No-Fault Divorce
When getting divorced, you will have to cite grounds. Grounds are the legal reason that your divorce is occurring. Some of the fault grounds on which you can file include:
- Adultery
- Extreme cruelty
- Abandonment for at least one year
- Institutionalization
- Imprisonment
It is important to know that New York is a no-fault state. This means that instead of citing a fault ground, you can cite irreconcilable differences. This simply means that the marriage no longer works and is beyond repair. Most people choose this option because it cannot be contested. Additionally, it does not require proof. For example, if you file on the grounds of adultery you may have to provide proof of your spouse’s infidelity. Notably, the grounds for a divorce can become public record, so irreconcilable differences may provide the most privacy.
Divorce Processes in New York
The best way to keep your divorce private is to settle it outside of the court. This can be done through the following methods:
- Mediated Divorce: This allows couples to negotiate their marital issues with the guidance of an unbiased third party who listens to both sides to help reach amicable agreements. When arrangements are made, the mediator presents them to the court to be approved.
- Collaborative Divorce: This takes place through a series of four-way meetings where spouses are assisted by their attorneys to help find a way to make agreements regarding marital issues.
- Arbitration: This process also involves a third party. However, instead of mediating, they act as a judge who can make the final decisions regarding marital issues on behalf of the spouses.
Every couple is different, so every divorce is different. In order to find the process that works best for you and your unique situation, you should reach out to an experienced divorce attorney. Contact our firm today to discuss your options.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
