Types of Divorce

If you have decided to end your marriage in New York City, you will most likely be seeking one of the four types of divorce listed below. Beginning the divorce process can be confusing and stressful, especially if you are unaware of what is available to you. An experienced New York City divorce attorney from Bernfeld, DeMatteo, and Bernfeld can help you make the early decisions that will shape the rest if your case.

Divorce after legal separation

Although New York City does not simply grant no-fault divorces (divorces on the grounds of irreconcilable differences), it is fairly easy to file the necessary paperwork to become officially divorced if you and your partner have been legally separated for at least one year. In order for your legal separation to be valid, it must be in the form of a separation agreement or a separation judgment—and have been filed with the county clerk.

In a divorce following legal separation, no fault is assigned to either partner, and most often the stipulations of the separation agreement or separation judgment serve as a basis for the terms of the divorce. This includes division of funds and property, child custody and visitation, and spousal and/or child support.

Uncontested divorce in New York City

In an uncontested divorce, all issues pertaining to ending the marriage are agreed upon. One partner is still required to file the divorce documents alleging the fault of his or her spouse, but if that spouse does not wish to dispute his or her guilt it is not required. In addition, if one partner files the necessary divorce paperwork and the other fails to respond at all or in the amount of time allotted, the partner who initiated the divorce may apply for a default judgment by the court.

New York City contested divorce

When there are matters upon which both parties cannot agree—whether it is on whom the fault will be placed or more specific issues such as division of assets, child custody, child visitation, or child or spousal support—it is considered to be a contested divorce in New York City. In order to contest a divorce, the partner against whom the divorce action was filed must respond with a verified answer within the indicated amount of time. Often the verified answer will include a counter claim against the partner who initiated the divorce.

Divorce by publication

In certain cases, divorce by publication may also be granted when the location of one spouse is unknown. Speak with your lawyer for more information on this matter.

We are here for you

Whether you are seeking a New York City uncontested divorce, contested divorce, divorce by publication, or divorce following a legal separation, the attorneys at Bernfeld, Dematteo, and Bernfeld have the experience you want. Contact us today for a consultation to meet with a NYC divorce lawyer.