How is divorce different from legal separation?
Legal separation is when:
- you stop living with your spouse and
- you have a voluntary, written separation agreement.
Legal separation is more than just moving out of the home. If you want to legally separate, you need the separation agreement. You might legally separate because you are not ready for a divorce, you need your spouse’s health insurance, or other reasons.
Legal separation does not end your marriage. Divorce ends your marriage.
How can I get a divorce?
To legally end your marriage, you must get a divorce. A judge signs a “Judgment of Divorce” that ends your marriage.
Divorce cases can be complicated. A lawyer is helpful to understand your options. Find free legal help using LawHelpNY’s directory.
Before you file for divorce in New York State, check the legal rules. Make sure you:
- Meet the residency requirement (rules about living in NY); AND
- Have a "ground," or legal reason, for the divorce.
If you don't meet these requirements, you may have to wait or file for divorce in another state.
What are the two types of divorce?
A divorce can be uncontested or contested.
An uncontested divorce is when:
- The spouses do not disagree on any financial or divorce-related issues (e.g., child custody and support, spousal support, or division of marital property); AND
- The spouse not filing for divorce either agrees to the divorce or fails to appear in court.
Learn how to file an uncontested divorce.
A contested divorce is when the spouses do not agree about the divorce. The spouse not filing for divorce might contest the divorce when responding if they do not want a divorce or can't agree on child custody or how to divide the property. Contested divorce cases are complicated. Both spouses go to court many times before the Judge decides the terms (who gets what). It is helpful to meet with a lawyer before filing for a contested divorce. Find free legal help using LawHelpNY’s directory.
Learn more about what to do if your spouse serves (gives) you divorce papers.
Read more about legal separation and how to write a separation agreement.
Last Reviewed: March 27, 2024