What are the different types of divorce?

In New York, there are two primary types of divorce: at-fault and no-fault. At-fault divorce is available to couples who can prove they have grounds for divorce, such as adultery, domestic violence, or mental cruelty. In such cases, the couple must demonstrate one or more of these grounds to the court for the divorce to be granted. No-fault divorce is available to couples who cannot agree on the reasons for the divorce. This type of divorce is available as long as both parties agree that the marriage has broken down and that the couple cannot reconcile. No-fault divorce allows couples to end their marriages without going through the lengthy process of pursuing an at-fault divorce. There are also limited or “simplified” divorces available to couples who meet certain requirements, such as being married for fewer than two years and having no children. Finally, New York recognizes collaborative divorce, which is an alternative to litigation. This form of divorce requires the couple to use a team of professionals to negotiate a settlement outside of court. In all divorce cases, couples will need to make decisions regarding the division of assets, child custody, and child support. Before filing for divorce, it is important to consult with an experienced divorce lawyer to discuss your legal rights and responsibilities.

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