Every person and every family is different from one another, which is why the process of divorce can vary so significantly. It is because of this that there are various types of divorce that couples can go through depending on their personal situations in order to end their marriage. Those facing such an important period in their life should do so with the assistance of an experienced New York divorce attorney.
Contested Divorce
When spouses do not enter their divorce on good terms, they often need to divorce through litigation. This can be seen when spouses cite “fault” grounds for their divorce, meaning the other spouse was involved in situations relating to adultery, abandonment, cruel and inhumane treatment, or prison sentences of 3+ years. These cases take place in court when spouses cannot agree to the terms of their divorce. When this happens, it is known as a contested divorce and the judge has the right to make all decisions regarding marital issues.
Uncontested Divorce
On the other end, there are cases in which spouses can work together to find agreements that work for them. These situations may be if spouses cite “no-fault” grounds and neither one is holding the other responsible for the end of their marriage. Oftentimes, these cases do not require the assistance of the court and spouses can go through alternative methods to divorce. This can include:
- 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.
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.
