Dissolving your marriage is never easy, but for many couples, divorce is the right path forward. It may just be the decision that improves your life and protects your family. While it is a difficult change, it is one that many people in the U.S. go through every year. If you are facing a divorce, you need the advice of a New York divorce lawyer and to understand the divorce rate in New York.
Despite the prevalence of divorce, the divorce rate in the country has actually decreased in recent decades. Higher marital ages and clearer expectations about partnerships may factor in this change. And while divorces still occur, they lack the social stigma they may have once had.
Divorce Rate in New York At a Glance
- New York (2023): 2.4 divorces per 1,000 residents
- United States (2023): 2.4 divorces per 1,000 residents
- Definition: The crude divorce rate measures divorces per 1,000 people in the population.
New York Divorce Lawyer Latest Statistics
Every year, the Centers for Disease Control (CDC) collects divorce data from state vital statistics offices, which compile the number of divorces finalized each year and report those totals to the National Center for Health Statistics for inclusion in annual divorce rate tables.
In 2023, the divorce rate in New York was 2.4 per 1,000 residents. The year prior, the state had a divorce rate of 2.3, while 2021 (2.2) and 2020 (1.8) saw their own divorce rates. Over the past 10 years, the highest divorce rate in New York was seen in 2019 at 2.9 per 1,000 residents. State rates are provisional and may be revised
The most dramatic shift in divorce rates happened around 2000. This was often the case around the country due to the COVID-19 pandemic. During that year, courts were closed at times, there were delays in filing, and normal family court operations faced disruptions as government orders changed.
Despite the variances in the last decade, New York divorce rates remain steady and on par with the average U.S. divorce rate of 2.4 per 1,000 residents.
Understanding Divorce Rates
Divorce statistics are reported in different formats. Knowing how these work can clarify what divorce statistics mean.
- Crude divorce rate. This is the method the CDC uses. It measures divorces per 1,000 residents for a given year. This method provides consistent data that can be compared across states. However, it counts the entire population, including children.
- Refined divorce rate. A refined divorce rate measures statistics based on 1,000 married women. Some of these methods may also include married adults in general. Since this measures statistics based only on those who are actually in marriages, it gives a more precise look at divorce rates. The drawback to the refined divorce rate method is that it requires complex population information. Not every state provides this annually or accurately.
- The percentage of the population divorced. Rather than a rate, this is more of a demographic snapshot. It shows the proportion of adult residents who are divorced. This method reflects long-term marriage patterns in states or the country as a whole, rather than measuring how many divorces happened in a year.
How to Get a Divorce in New York
If you want to get a divorce, you have to first determine if your divorce is a no-fault divorce or a fault divorce. If your split is the latter, this means that you are dissolving your marriage because one spouse participated in behavior that brought about the breakdown of your marriage, such as adultery, physical abuse, abandonment, or they became imprisoned for a significant period of time.
If you are filing for a no-fault divorce, you and your partner must be separated for a period of one year. On the other hand, if there was someone who was at fault in the divorce and you have evidence to prove it, you can get your divorce in a shorter time. It is in your interest to meet with a divorce attorney as soon as you decide that you want to file for divorce, as they can help review the facts of your case and determine what your legal options are.
You will have to officially file for divorce and pay the filing fee. If your partner agrees with your plans to dissolve your marriage, you can expect an uncontested divorce with few or no legal hurdles. If your partner disagrees with the terms of your split, then you are in for a contested divorce, in which your attorneys will have to aid in negotiations and potentially go to court to reach a settlement.
Your divorce attorney can also help you as you make important decisions regarding the custody of your children. If you are going through a contested divorce, you might find yourself in a tense custody battle. Having a reliable divorce lawyer in New York to help protect your rights during this time can make a major difference in the lives of you and your children.
Why You Should Hire a Divorce Lawyer
Going through a divorce can lead to unfavorable outcomes if you do not have representation from a divorce attorney. When you hire a divorce lawyer, you benefit from their years of experience and understanding of how complex divorce cases should be handled. New York divorce laws require parties to a divorce to provide evidence to back up their arguments and requests
By working with an experienced divorce lawyer at Trotto Law Firm, P.C., you can ensure that your rights are protected and that your case benefits from the right legal strategy. If you face false accusations, we can take decisive action to refute those allegations so you are not mischaracterized in court. Legal representation can guide your case toward an outcome that protects your property and parental rights.
Our team is well-versed in New York State divorce law. We also have a strong local connection and working relationship with Monroe County Family Court and can help clients navigate divorce proceedings with confidence and clarity.
FAQs
How Much Does a Divorce Lawyer Cost?
Divorce lawyers in the state charge a wide range of amounts based on their experience, reputation, and services. The more work you need your lawyer to complete, the higher the overall cost. You should bear in mind, though, that if you have many legal obstacles in your divorce, it is likely more necessary than ever that you hire a divorce lawyer. Consulting a divorce attorney about your case can help you get a sense of how much you will owe.
How Long Do You Have to Be Separated in New York Before a Divorce?
The amount of time you have to be separated before getting a divorce depends on the type of divorce. For instance, if you are filing for a no-fault divorce, in which no one committed adultery or an action that could expedite the divorce, you and your partner must be separated for one year. If you are seeking a fault divorce, your timeline will depend on the events that occurred and your ability to provide evidence.
Can a Spouse Refuse to Divorce?
If your spouse refuses your divorce, the court will only take your desires into account. You will still be able to get your divorce without their signature. In the event that your spouse disagrees with you regarding how to divide your assets, you might encounter long legal hurdles. Your divorce attorney can help determine your legal options based on your spouse’s response.
How Much Is a Divorce if Both Parties Agree?
If you and your spouse are getting an uncontested divorce, you should expect to pay at least $335 in fees. This includes the fees for filing and the note of issue. There might also be other expenses for motions and legal support. Consulting a divorce lawyer is an effective way to understand what your divorce costs will be.
How Are Assets Split in a Divorce?
If you are getting a divorce in the state, you should expect that the assets will be equitably divided. This does not mean they will necessarily be divided 50-50. Instead, the worth of all assets will be reviewed, and circumstances unique to your situation will be considered. Your lawyer can provide guidance tailored to your situation about what to consider when splitting assets with your partner.
Learn More From an Experienced Divorce Attorney
At Trotto Law Firm, P.C., we understand how complicated divorce can be. It is a difficult decision, and it can be tough for anyone to navigate the emotional and lifestyle changes. Adding a bunch of legal decisions that have to be made and processes to follow can add additional stress.
Our team has long been representing residents as they dissolve their marriages. We can provide you with informed guidance during this time so you do not have to go through this alone. Find out more about how we can help you and your family by contacting us to schedule a consultation to discuss your estate planning needs.
