Contested vs Uncontested vs Summary vs No-Fault vs Fault Based Divorce Explained

Each divorce is different, and understanding the types of divorce available in New York can help you make informed decisions. Below, we break down the five main categories.

Uncontested Divorce

An uncontested divorce occurs when spouses agree on all aspects of the divorce, including property division, child custody, and alimony. This type of divorce is typically the fastest and most affordable since it avoids lengthy court proceedings.

However, even if you and your spouse are on the same page about the terms of your divorce, it’s critical to have an experienced attorney review your agreements. Aronov Law ensures that everything is legally sound and advocates for your best interests, helping you avoid potential complications down the road.

Contested Divorce

If you and your spouse cannot agree on key aspects of your divorce, it becomes a contested case. These disputes may arise over finances, child custody, or property division and often require mediation, court hearings, or both to resolve.

While contested divorces can take longer to finalize, our lawyers can guide you through the process. We are skilled negotiators and fierce advocates in court, ensuring your voice is heard and your rights are protected.

No-Fault Divorce

New York recognizes no-fault divorce, where neither party is blamed for the marriage breakdown. A no-fault divorce requires one spouse to state that the marriage has been irretrievably broken for at least six months.

No-fault divorce applies to both uncontested and contested cases and is the most commonly pursued type of divorce in New York.

Fault-Based Divorce

Fault-based divorces are based on one party’s wrongdoing—such as adultery, abandonment, or cruelty. While this option is less common, it may be pursued in cases where proving fault could impact alimony or child custody decisions.

Aronov Law can help you weigh whether a fault-based divorce is the right choice in your situation and ensure you have the evidence required to proceed.

Summary Divorce

Summary divorces are designed for couples who meet specific criteria, such as being married for under 10 years, having no children, and holding minimal property or debt. These cases are streamlined and can often be resolved quickly with the help of an experienced attorney.

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