Legal FAQ
What is the difference between divorce and separation?
Divorce is a legal dissolution of marriage, while separation is a temporary arrangement that allows couples to live apart without ending the marriage. In New York, a legal separation requires a court order to be valid.
How long does the divorce process typically take?
The duration varies significantly depending on the complexity of the case. Mediation can often resolve matters in weeks, while litigation may take months or longer, especially if there are contested issues.
What are the grounds for divorce in New York?
New York is a no-fault divorce state. The primary grounds are irreconcilable differences and the breakdown of the marriage. Other grounds include adultery, cruelty, and abandonment.
Can we avoid litigation and use mediation instead?
Absolutely. Mediation is a voluntary, confidential process where a neutral third party helps the parties reach a mutually agreeable settlement. It is often faster and less expensive than court litigation.
What happens to our property and assets during a divorce?
Under New York law, property acquired during the marriage is generally considered community property. The division of assets is determined by the court or the parties' agreement through a settlement.