When filing for divorce in New York, a spouse can choose to file either a contested or an uncontested divorce. Contested divorces are rarer because they only occur when a spouse has legal grounds for divorce, like if their spouse committed adultery or was abusive during the marriage. However, divorces today can occur for a large number of reasons, and it doesn’t have to be because one spouse messed up. In order to file for an uncontested divorce in New York, you must cite that the marriage suffered an irretrievable breakdown. However, many people aren’t quite sure exactly what this means. To find out, read on or contact our Divorce Law Firm in Bohemia, NY today.
WHAT DOES AN IRRETRIEVABLE BREAKDOWN OF A MARRIAGE MEAN?
An irretrievable breakdown of marriage essentially occurs when two spouses have personal differences but both agree that they want to divorce. In other states, this may be referred to as irreconcilable differences. To cite an irretrievable breakdown during a divorce, you must prove that the relationship is broken beyond repair. Unlike contested divorces, you don’t have to demonstrate specific events that led to the divorce, but you need to show that the marriage has been over for at least six months. This doesn’t necessarily mean that you had to live separately from your spouse, but you should show that you and your spouse attempted to work through your differences but were unable to.
HOW CAN I FILE FOR AN UNCONTESTED DIVORCE?
You can file for an uncontested divorce either by representing yourself or by hiring an experienced divorce attorney to guide you through the process. Uncontested divorces don’t usually require litigation, so you won’t need to worry about facing legal battles against your spouse in the courtroom. Nowadays, many couples choose to hire a mediator to help them work through agreement discussions (like for child custody, child support, division of marital assets, etc.) and come to a reasonable settlement outside of the courtroom. Spouses can legally settle their divorce through mediation rather than courtroom battles. A mediator can guide both spouses into reaching settlement agreements themselves, or a judge can decide on a settlement for the spouses. However, many spouses have found mediation to be beneficial in uncontested divorces because it gives the couple the option of making their own settlement decisions.
Are you considering filing for divorce? Are you looking to speak with a trusted divorce attorney who can guide you through the difficult process? Look no further! The Law Offices of Susan A. Kassel, P.C. is here for you! Contact our firm for an initial consultation with an experienced and compassionate divorce lawyer.