Understanding the Different Types of Divorce in Pittsford NY

Going through a divorce is an emotionally charged process, which can make navigating the legal and financial aspects all the more challenging. Whether it’s figuring out how to divide property and assets, splitting up finances, or navigating the child custody process, understanding the different types of divorce in Pittsford, NY, is important.

An Overview of the Divorce Process in Pittsford, NY

Before you can file for divorce in Pittsford, you must determine the grounds for the divorce and whether it’s contested or uncontested. If you’re filing for divorce in Pittsford, you can expect to file the initial paperwork with the Monroe County Clerk’s Office.

The office is located in Downtown Rochester at the corner of West Main Street and Fitzhugh Street. It’s across the street from the Times Square Building.

The Supreme Court of the State of New York handles your case once you enter litigation. Family Court cannot grant divorces in New York. That said, the Monroe County Family Court partners with the Center for Dispute Settlement, which can handle mediation pertaining to child custody and visitation.

After you fill out all the required forms from the New York State Unified Court System website and file with the county clerk, you can serve your spouse.

Different Types of Divorce in Pittsford, NY

Typically, divorce cases in New York are filed as either contested or uncontested. In some simple cases, you may be able to file a summary divorce. A skilled divorce attorney can help you better understand the different types of divorce in Pittsford, NY.

• Contested divorce. This type of divorce happens if the spouses can’t negotiate settlement terms on their own and must turn to litigation. Typically, issues on the table in a contested divorce include spousal maintenance, child custody, debt allocation, and property division.
• Uncontested divorce. In this type of divorce, both spouses agree to the divorce and to what happens to their finances and property. You can file for an uncontested divorce if you and your spouse are 18 years or older, you don’t have any minor children, you’ve been separated for at least six months, and you’ve settled all marital property issues and debts.
• Summary divorce. This type of divorce is the least common seen in New York. It’s available to spouses who have been married for a short amount of time, don’t share children, and have little assets and/or debts. These divorces can typically be settled much quicker than the other two.

At-Fault Divorce vs. No-Fault Divorce

New York is one of only a few states that recognize at-fault divorces. This refers to divorces where one spouse claims the other has already broken the marriage contract through some negative action. Grounds for filing for an at-fault divorce include:

• Abandonment
• Cruel and inhumane treatment
• Imprisonment
• Incurable insanity
• Infidelity

A no-fault divorce occurs when the petitioner claims the marriage has broken down due to irreconcilable differences. No-fault divorces can either be contested or uncontested, and they do not require any evidence or proof of fault to file. For this reason, it’s the most common grounds for divorce filed in Pittsford.

Benefits of Working With a Pittsford Divorce Attorney

Saving money on legal fees may seem enticing, but you can end up hurting yourself and paying more in the long run without solid legal representation. A knowledgeable divorce attorney can help you build a strong case to achieve a favorable outcome in court, regardless of the circumstances of your divorce.

Your attorney may even be able to help you settle your case outside of court so you don’t have to stress about a judge making the final call on important decisions. Plus, a legal professional can make every step of the legal process easier, including filing important paperwork, gathering important information, and building a strong case.

FAQs

What Are the Grounds for an At-Fault Divorce in New York?

If you file for an at-fault divorce, you must list the grounds on which you’re filing. New York is one of the few states that recognizes at-fault divorces. Common reasons for filing for an at-fault divorce can include abandonment, adultery, imprisonment, incurable insanity, physical or emotional cruelty, and many more incidents.

What Is New York’s Equitable Distribution Law?

The Equitable Distribution Law in New York recognizes marriage as an economic and social partnership and requires a judge to divide the property between the couple as fairly as possible. Property can be categorized as either marital property or separate property. Marital property refers to any property bought during the marriage. Separate property is property owned before the marriage, as well as any inheritance or personal injury compensation acquired by one spouse during the marriage.

Does It Matter Who Files for Divorce First in Pittsfield, NY?

The person who files for the divorce does not receive any direct legal advantages for being the one to file first. The outcome of your case depends completely on legal proceedings. However, you can enjoy some personal benefits by being the petitioner for your divorce, including having more time to prepare emotionally and strategically.

How Long Do We Have to Be Separated Before I Can Get a Divorce in New York?

Depending on the grounds of your divorce, you may have to wait an allotted amount of time before being able to file for divorce. For example, a separation agreement divorce requires the couple to be living apart for at least one year to be able to file for divorce in New York.

What Is New York’s Divorce Rate?

As of 2022, New York was averaging about 2.3 divorces per 1,000 people. This number is lower than the national average and has been stable over the last few years. The state’s marriage rate was 6.3 per 1,000 people. The states with the highest divorce rates in the Northeast include New Hampshire, Connecticut, and Rhode Island.

Reach Out to a Pittsford Divorce Lawyer for More Information and Solid Legal Representation

Navigating a divorce can be challenging and overwhelming, which is why it’s beneficial to have a Pittsford divorce attorney on your side. Our skilled team at Trotto Law Firm, P.C., can help you build a sound strategy and lead you to a positive outcome in court. Give us a call to set up an appointment and discuss your case today.