Understanding Your Options: Why People Get Divorced in New York and What Alternatives Exist

Nov 4, 2025 | Video Transcripts

Deciding whether to end a marriage is one of the most difficult choices anyone can face. When you exchanged vows, you envisioned building an entire life together, making promises to support each other through everything life might bring. The thought of walking away from that commitment isn’t something that should be taken lightly. Yet sometimes, despite best intentions and genuine efforts, marriages reach a point where continuing may cause more harm than separating.

What Are the Most Common Reasons for Divorce?

While every marriage is unique, certain issues appear repeatedly in divorce cases. Understanding these common factors can help you assess your own situation and determine whether your concerns are resolvable or represent fundamental incompatibilities.

Infidelity remains one of the leading causes of divorce. When trust is broken through an affair, many couples find it nearly impossible to rebuild their relationship. The betrayal goes beyond the physical act. It shatters the emotional foundation that marriage is built upon.

Financial conflicts create another major source of marital breakdown. These money issues take various forms: one spouse might be hiding assets or maintaining secret accounts, creating a fundamental dishonesty in the relationship. Others might be chronic overspenders, accumulating debt that threatens the family’s financial security. Gambling problems can be particularly devastating, as marital assets disappear with little to show for them. Even when there’s no deception involved, couples with drastically different approaches to money management often find themselves in constant conflict.

Mental health challenges add another layer of complexity to marriages. When one partner develops or struggles with mental health issues, it affects the entire family dynamic. The other spouse may feel overwhelmed trying to provide support while managing household responsibilities, especially if professional help isn’t being sought or isn’t effective.

The phenomenon of the “absentee partner” is increasingly common, particularly in today’s busy world. One spouse might be physically present but emotionally distant, or they might be constantly working, traveling, or engaged in activities that exclude their partner. The other person ends up feeling like they’re managing life completely alone, parenting solo, handling all household decisions, and essentially operating as if they were single despite being married.

Should You Consider Your Children When Deciding About Divorce?

When children are part of the family, the decision to divorce becomes even more complicated. Your choice will directly impact these young lives, affecting their sense of security, stability, and well-being.

Many people believe staying together for the children is always the right answer. There’s validity to this perspective. If you can work on the relationship and provide a safe, stable home environment, fighting for your marriage until your children reach adulthood can be worthwhile. Children benefit from seeing their parents navigate challenges together, model conflict resolution, and demonstrate commitment.

However, this approach only makes sense when the home environment is genuinely healthy and safe. If the marriage involves abuse, constant high-conflict arguments, or creates an atmosphere of tension and unhappiness, children may actually be better off with parents who live separately in peace rather than together in turmoil. Children are perceptive. They pick up on parental stress, resentment, and dysfunction even when adults think they’re hiding it well.

The key question becomes: can you provide safety, security, and stability for your children within the marriage, or would separation better serve everyone’s well-being?

Are There Alternatives to Getting Divorced?

Divorce isn’t the only option when a marriage isn’t working. Several alternatives exist that might better fit your circumstances.

Some couples choose informal separation, simply stopping living together and pursuing separate lives without any legal process. They remain legally married but function independently in their day-to-day existence.

Others prefer the structure of a legal separation agreement. This approach involves working with an attorney to create a formal document that both spouses sign with proper acknowledgments. The separation agreement typically addresses financial arrangements, living situations, and other important matters. It’s usually recorded and filed with the court, providing a clear legal framework for the separation while keeping the marriage legally intact.

Why might someone choose legal separation over divorce? Health insurance is a major practical consideration. You can only remain on your spouse’s medical insurance policy while legally married. For couples in long-term relationships where one partner has serious medical needs or lacks access to affordable healthcare independently, maintaining the marriage through legal separation rather than divorcing can be financially essential.

People also have various personal reasons for preferring separation to divorce. Religious beliefs, family considerations, or simply not being ready to completely end the legal marriage even while living apart.

What Are Your Options for Ending a Marriage?

If you do decide to pursue divorce, you have multiple pathways to choose from, ranging from completely informal to full courtroom litigation.

At the simplest level, you can attempt to handle everything yourselves, figuring out the terms outside of court and completing the paperwork without attorneys. This works best for couples with minimal assets, no children, and the ability to communicate and compromise effectively.

Mediation brings in a neutral third-party professional who helps you and your spouse negotiate all the terms of your divorce. The mediator doesn’t represent either party but facilitates productive conversations and helps you reach agreements on finances, property division, and if applicable, child custody and support.

Collaborative divorce involves each spouse hiring their own attorney, but both couples and their lawyers commit to working together to settle without going to court. This process often includes other professionals like financial advisors or child specialists, as needed.

You might also hire an attorney specifically for settlement negotiations. You want more legal involvement and representation than mediation provides, but you’re committed to reaching an agreement and staying out of court as much as possible.

At the other end of the spectrum is full litigation, where attorneys engage in courtroom proceedings, motion practice, and potentially trial before a judge who makes decisions about contested issues.

Many cases fall somewhere in the middle of these options. The right approach depends on your specific circumstances, the complexity of your finances, whether you have children, your ability to communicate with your spouse, and what you’re trying to achieve.

What Happens When You Actually File for Divorce?

When you’re ready to move forward with divorce, you might wonder whether to file immediately or take time to prepare. Understanding what happens when you file that initial paperwork can help you make this decision strategically.

The first document you file, either a summons with notice or a summons and complaint, triggers important legal consequences. One significant effect is “stopping the clock” on your finances. The filing date establishes a reference point that courts use when determining various financial issues. Even though your marriage isn’t officially over until a judge signs the final judgment, the date you filed carries weight in how property division, asset valuation, and other financial matters are decided.

There are other ramifications as well. Filing draws a clear line in the sand regarding when your marriage technically ended for legal purposes. This timeline affects multiple aspects of your case.

Some people rush to file without fully understanding these consequences, while others take time to consult with an attorney, do research, and enter the process with clear knowledge of what they’re setting in motion. Neither approach is inherently right or wrong, but being informed helps you make decisions that serve your best interests.

Taking the Next Step

Whether you’re certain about divorce, considering alternatives, or still trying to decide if your marriage can be saved, talking with a knowledgeable family law attorney can provide clarity. A consultation allows you to understand your specific options, learn about the legal process, and make informed decisions about your future.

The path forward doesn’t have to be walked alone. Professional guidance can help you navigate this challenging time with greater confidence and peace of mind. Sabra Law Group offers a free 15-minute consultation to discuss your situation and answer your initial questions. 

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