Making the decision to end a marriage is never easy, and divorce is often one of the most significant legal and personal transitions a person experiences. If you are considering divorce in Suffolk County, it is important to understand both the legal grounds for divorce and the process involved in ending a marriage under New York law.
In Suffolk County, all divorce actions must be filed in the Suffolk County Supreme Court. Before the court can grant a divorce, a spouse must establish legally recognized grounds for divorce. A spouse can file for divorce on a variety of grounds. The most common type of divorce is a no-fault divorce, in which the marriage has suffered from an “irretrievable breakdown” for at least six months. This means that one spouse does not have to prove wrongdoing by the other spouse in order to obtain a divorce.
While no-fault divorce is the most common option, New York law also recognizes several fault-based grounds. These include:
- Cruel and inhuman treatment
- Abandonment for one year or more
- Imprisonment for three or more consecutive years
- Adultery
- Divorce following a judgment of separation
- Divorce following a written separation agreement after living apart for at least one year
Once grounds have been established, the court must resolve all issues arising from the marriage before a Judgment of Divorce can be entered. These issues may include division of marital property, allocation of debts, child custody, visitation, child support, and spousal maintenance.
Many people assume that divorce will automatically lead to a courtroom battle. In reality, many divorcing couples are able to reach negotiated settlements that avoid lengthy litigation. These are called uncontested divorces, meaning both spouses agree on all major issues. In those cases, the process is generally faster and less expensive than a contested divorce. However, even uncontested divorces require compliance with court procedures and filing requirements.
Contested divorce is when spouses cannot agree on all major issues. This may happen for several reasons, including one spouse not wanting to get a divorce, disagreeing about the grounds for the divorce (although most divorcing spouses agree to no-fault divorces), or disagreeing with what will happen with children, finances, and/or property after a divorce. Because the judge will require detailed information to decide on the terms of the divorce, contested divorces require spouses to go to the Supreme Court multiple times. In Suffolk County, contested divorces also often involve mediation through the Matrimonial Mediation Program, in which a neutral third party helps both parties identify issues, clarify perceptions, and explore options for a mutually acceptable outcome. The mediation process frequently concludes with a settlement agreement, but in cases where it does not, mediation is often still a beneficial step in the litigation process.
Even relatively amicable divorces can involve complex legal and financial questions. Decisions made during a divorce can affect your financial security, parental rights, and future obligations for years to come. Whether your divorce is contested or uncontested, working with an experienced Suffolk County divorce attorney can help protect your interests and guide you through every stage of the process.