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271 North Avenue, Suite 812 | New Rochelle, New York | 10801
914-738-7765
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Types of Divorces

Serving White Plains, New Rochelle and all of Westchester County

There are several grounds for divorce under the New York Domestic Relations Code and the process can differ greatly based on the type.  The most contentious type of divorce is a divorce for fault.  A New York court may grant a petition for separation or divorce if the petitioning spouse can prove that the non-petitioning spouse engaged in any of the following conduct:

  • Cruel and inhuman treatment
  • Abandonment
  • Nonsupport
  • Adultery
  • Confinement in prison for three or more consecutive years

Fault divorces can often be difficult to resolve amicably, but there may be room for compromise and collaboration on related issues such as support, custody, and visitation.  New York divorce lawyer Katherine Eisold Miller has built her practice on the belief that most divorces can be resolved in a constructive and healthy manner if the parties are willing to be reasonable.  Contact her divorce law firm to determine if your case is a good candidate for collaborative divorce or mediation.  Her office serves clients throughout White Plains and New Rochelle.

Working together toward an amicable agreement

While fault divorces are common, it is also common for a couple to decide their marriage is simply not working and to mutually agree to pursue a divorce.  This type of divorce provides a more fertile ground for constructive resolution.  Couples can accomplish this by negotiating a separation agreement that establishes the rights and responsibilities of each spouse.  After a year has passed in which both parties complied with the terms of the separation agreement, they may seek a divorce decree from an appropriate New York court.  A spouse may also seek a divorce on the grounds of irretrievable breakdown.

Regardless of the type, collaborative divorce or mediation can be healthy options for divorcing couples who want to plan their futures on their own terms and who are willing to work together through a constructive and non-adversarial process.  Rather than relying upon the court system to forge an agreement that may ultimately be unsatisfactory for both parties, collaborative divorce and mediation allow divorcing spouses to meet in a candid and private setting and construct an agreement based on fair and mutually agreeable terms.

Contact a New York family law lawyer today

Whether you are contemplating divorce, considering a premarital agreement to protect your assets, or seeking to obtain or modify a child support, custody, or visitation order, Westchester family law lawyer Katherine Eisold Miller has the knowledge and experience to help you make informed decisions regarding these crucial issues.  From her offices in New Rochelle, NY, she uses her 25 years of legal experience to effectively counsel and represent clients going through divorce or other family issues.  Call us at 866-942-3801 or contact us online for skilled and compassionate legal support.