Ending your marriage may not be an easy decision, but understanding the different types of divorce in Saratoga Springs may help you take the first step with confidence. Whether you and your spouse are divorcing amicably or preparing for a fight, knowing your options may give you a better sense of control.
At Colwell Law Group, our attorneys blend our legal skills and compassion to help you choose the kind of divorce that protects your rights and your future.
One of the biggest distinctions between the kinds of divorce in Saratoga Springs is whether it is contested or uncontested. In an uncontested divorce, both spouses agree on the key issues, such as how to divide property or handle child custody and spousal maintenance (formerly known as alimony). These cases may be faster, less expensive, and less stressful. A contested divorce, however, involves disagreements that may require negotiation, mediation, and possibly litigation. This may take more time and be more expensive.
In cases of contested divorce, couples may not need to get into a courtroom battle. With the right support, like our team at Colwell Law Group provides, couples may find common ground along the way.
According to NY Domestic Relations Law § 170, couples have two options when it comes to the legal grounds for divorce: no-fault and fault-based. Knowing the difference may help you figure out which category of divorce in Saratoga Springs is best for you.
With no-fault divorce, there is no need to prove wrongdoing. Instead, you simply state that the marriage has been broken and is not repairable for at least six (6) months. This is the most common type of divorce in New York today because it may be less confrontational and easier to navigate than other types of divorce.
Meanwhile, in a fault-based divorce, one spouse claims that the other’s actions caused the marriage to break down. Grounds may include:
Though less common, fault-based divorce may be useful in high-conflict cases or when a spouse’s behavior may affect issues such as custody, property division, or spousal maintenance (formerly known as alimony).
A collaborative divorce takes a team-based path, potentially avoiding the courtroom completely. First, both spouses agree from the beginning of the divorce to resolve issues privately and respectfully. Each person has their own attorney. However, additional professionals, such as financial advisors or child specialists, may be brought in to help with the process.
Couples who want to stay on good terms, protect their child/ren from conflict, and keep the details of their divorce out of public records may prefer a collaborative divorce. This kind of divorce in Saratoga Springs may bring less stress and may be less expensive.
At Colwell Law Group, our lawyers help our clients explore collaborative divorce as an option that puts family well-being as a priority.
Mediation uses a neutral third party (the mediator) to help both spouses talk through their differences and reach an agreement. The mediator is not there to align with one person’s view or give legal advice but to guide the conversation and help both spouses find common ground.
Mediation is often a great fit for couples who already agree on most of the big issues, such as property, parenting time, or spousal maintenance (formerly known as alimony), and simply need help working out the details. It may be less expensive, less stressful, and quicker than other divorce types in Saratoga Springs. You may still bring your attorney to mediation sessions for added legal support. At Colwell Law Group, we support our clients during mediation to help them protect their interests and reach fair, lasting agreements without unnecessary conflict.
No two divorces are the same. The path you take may reflect your priorities. Understanding the types of divorce in Saratoga Springs may help you feel more confident and prepared. At Colwell Law Group, we are here to support you.
Contact our team today to schedule your complimentary consultation.
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