Experienced Suffolk County Divorce Lawyer

Is New York a No Fault Divorce State?

New York recognizes both no-fault divorce and fault-based divorce, so spouses are not required to prove the other’s fault for the divorce in order to petition for legal separation. 

A Spouse Can Seek a No-Fault Divorce If:

• they have been separated from their partner for at least 1 year;
• there has been an “irretrievable breakdown of the marriage” for 6 months or more; or
• the couple has entered a legal separation agreement and has lived apart for at least 1 year.

What Are Grounds for Divorce in New York?

If one spouse’s inappropriate conduct or behavior is the reason for the breakdown of the marriage, the spouse filing for divorce can cite their partner’s fault (and prove their fault) in the divorce petition. 

Examples of fault-based grounds for divorce include cruelty, mental abuse, physical abuse, abandonment, and adultery. Note that spouses do not need to establish fault in order to get a divorce, but a New York judge may consider a spouse’s fault when deciding on child custody and the property division award.

Let’s help you get back on your feet and resolve your divorce disputes as quickly and effectively as possible. Contact a Suffolk County divorce attorney at The Law Offices of Michael Catalanotto for a free consultation. Give our law firm a call today!

What Is an Uncontested Divorce?

Divorcing spouses can either pursue an uncontested process or a contested process. Uncontested divorce is a simplified process where both spouses agree to end the marriage and have decided on all the related divorce disputes. 

A Couple Can File for an Uncontested Divorce if They Agree on All the Following:

• getting a divorce and the grounds for their divorce (no-fault or fault-based);
• the child custody and visitation arrangement;
• how to divide all their marital property and debt;
• whether the noncustodial parent will pay child support and how much;
• whether either spouse will pay alimony and how much.

What Is the Difference Between Contested and Uncontested Divorce?

Spouses who do not qualify for uncontested divorce will proceed with a traditional contested divorce. The main difference between uncontested divorce and contested divorce is that 

• the uncontested divorce process is typically quicker, as both spouses would already have reached an agreement on issues like child custody and property division
• the contested divorce process may involve lengthy trials and court hearings

Exploring Collaborative Divorce Options

Collaborative divorce is an alternative dispute resolution process that allows couples to work together with their attorneys to reach a mutually beneficial agreement without going to court. This approach can help minimize conflict, reduce stress, and prioritize the best interests of any children involved. Our experienced Suffolk Countdivorce attorneys at The Law Office of Michael Catalanotto, PC can guide you through the collaborative divorce process and provide the support and legal guidance you need.

Benefits of collaborative divorce include:

• Reduced conflict and hostility
• Privacy and confidentiality
• Empowerment and control over the outcome
• Cost-effective compared to litigation
• Focused on finding solutions that work for both parties

To speak with an experienced divorce lawyer in Suffolk County, contact us online or give our law firm a call at (631) 621-3750 today.

Divorce Mediation in Suffolk County

Understanding Divorce Mediation and Its Benefits

Mediation is often recognized by unhappily married couples as the easier, less contentious, and less expensive way to get a divorce. Mediation allows disputing spouses to meet in the presence of a trained, third-party mediator, who will facilitate discussion and negotiation between the two parties about their disputes. The goal of mediation is to have both spouses reach an agreement on their issues by talking through them together and ultimately drafting an agreement to submit to the court. 

Mediation proceedings should be handled by skilled attorneys so that they go as smoothly as possible and so that couples avoid time- and cost-consuming hiccups along the way. For instance, an attorney can make sure the solutions being discussed adequately meet their client’s needs and goals as parents. A poorly handled mediation can cost as much as or more than a divorce.