Divorce legally terminates a marriage no longer considered viable by one or both of the spouses and permits both to remarry.
There are two types of divorce — fault and no-fault.
A fault divorce is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce.
A no-fault divorce is one in which neither party is required to prove fault, and one party must allege and testify only that either irretrievable breakdown of the marriage or irreconcilable differences between the parties makes termination of the marriage appropriate.
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have child custody and support.
Divorce can be a complicated thing and a good divorce attorney is paramount to the process. Three things to look for in a New York Divorce / Family Law attoreny are experience, reliability and trust. It is important to find someone you can work with comfortably.