If you’re considering a divorce, it’s normal to feel uncertain about what lies ahead. Will the process involve court proceedings? How long will it take? When you speak privately with a Webster divorce attorney like Michelle Cimino, you’ll have a steady, supportive resource to help you make sense of it all. She takes the time to understand your situation, clarify your options, and guide you toward a divorce process that fits your needs.
Divorce Process in New York Explained
There are several grounds for divorce in New York, but one key distinction separates them: fault. A no-fault divorce means you can cite an irretrievable breakdown of the marriage without having to prove that one spouse is at fault. Fault-based grounds, on the other hand, require proving specific spousal misconduct. Examples of fault include:
- Cruel and inhuman treatment: acts of violence, threats, or conduct that endanger your well-being
- Abandonment: leaving the marriage without consent for at least one year
- Imprisonment: incarceration for three or more consecutive years
- Adultery: engaging in sexual relations outside of marriage
Choosing between no-fault and fault-based grounds can influence how your case moves forward, including the level of complexity, time involved, and the evidence required.
Uncontested Divorce vs. Contested Divorce
Whether or not you choose a fault-based or no-fault divorce heavily influences whether you’ll take the contested or uncontested route.
Uncontested divorce: This type of divorce occurs when both parties agree on the divorce outside of court. This route resolves a marriage within months. Sometimes, two individuals may go through a formal divorce mediation process. No-fault divorces are more likely to be uncontested.
Contested divorce: When parties can’t agree on all the core issues, you’ll need to take the process to court. This takes much longer, sometimes even years. The contested route ends with a judge making the final decision. Fault-based cases are more likely to become contested, as fault claims can affect the outcome of the divorce. For instance, if a spouse was abusive in the marriage, they’ll likely have a harder time securing child custody. If the fault otherwise shows a financial impact on the innocent spouse, it could affect alimony.
Fault often impacts whether divorce resolves outside of court or requires litigation, but every case is different. That’s why it’s important to speak to an experienced lawyer like Michelle Cimino to support you through the divorce process.
Matters Settled in a Divorce
No matter the route, a divorce settles core issues such as asset division, alimony, child support, and child custody with finality. These factors come with many nuances.
For instance, New York uses equitable distribution to divide assets. This is different from what’s considered equal. Instead, it divides assets based on what’s considered “fair.” It distinguishes when assets were acquired and defines roles based on them.
Another critical component in a divorce is alimony, also known as spousal support. In a marriage, it’s common for one person to provide for the other. After a divorce, the higher-earning spouse often pays support to the non-primary earner for a period of time, helping them become independent of the marriage. This is also calculated based on the length of the marriage and the difference in earnings between you and your spouse.
If you and your spouse had children together, you’ll need to find an agreement on child custody and child support. Rulings around custody determine who has a say in major life choices on behalf of the child and who gets to live with the child. The parent with less custody pays a set amount of child support to the parent with custody, based on state-regulated formulas.
Speaking to a seasoned attorney like Michelle Cimino can help you resolve these core issues in a way that best supports you.
Michelle Cimino: Top Webster Divorce Attorney
Are you wondering which path to choose to conclude your marriage? Speak to Webster’s most trusted divorce attorney, Michelle Cimino. With over 20 years of experience serving the local area, she has helped clients work through many divorce scenarios. She understands how local laws can affect your circumstances and positions your divorce process for the best outcome. Whether you seek to quickly resolve your marriage uncontested or you believe court proceedings make the most sense, she wants to represent you.
When she listens to your case with a compassionate ear, Michelle will help you understand the best route, explain what you can expect, and fight for you as you resolve your union.
Speak to a Webster Divorce Attorney in a Private Consultation
Deciding to leave your spouse is a stressful experience, but understanding your options can help ease some of the tension. The divorce process can be confusing, with so many different grounds for divorce that affect whether you should choose contested or uncontested. No matter which option you choose, the outcome resolves core issues such as alimony, asset division, and child support and custody. With so much at stake, you shouldn’t have to go through your divorce alone.
When you call Michelle Cimino, you can trust that she’ll support you every step of the way to find the most straightforward way to end your partnership. Schedule a completely private consultation.
