Marriage should be a joyful, life-changing experience. Unfortunately, that is not the experience many couples have. Whether you are currently married, engaged, or in a long-term relationship, it can be helpful to understand the divorce rate in Rochester, NY.
Hire a Divorce Lawyer
Divorce can be a difficult, lengthy process for any couple. Every divorce is unique, with its own set of varying circumstances and considerations. At Trotto Law Firm, P.C., we understand the difficulties of filing for divorce and how Rochester divorce laws can impact your case.
New York Divorce Rate
The Centers for Disease Control and Prevention collects data on divorce rates for most states in the country. For 2023, New York had a divorce rate of 2.4 per 1,000 total population, including annulments.
In the United States, more than 1.8 million people got a divorce in 2023. The national divorce rate is 14.4 per 1,000 married women. The divorce rate peaked in the 1980s, at 22.6, and has fallen every year since.
A 2023 survey of divorce found that 33% of respondents had experienced a marriage that ended in divorce. The length of a marriage can also affect the likelihood of getting a divorce. For instance:
- 16% ended within the first 4 years.
- 24% ended within 5 to 9 years.
- 16% ended within 10 to 14 years.
- 12% ended within 15 to 19 years.
- 10% ended within 20 to 24 years.
- 22% ended after 25 years.
Other factors also have an impact on the likelihood of divorce. African Americans are most likely to get divorced (41%) compared with whites (35%), Hispanics (27%), and Asians (16%). Native residents are also more likely to get divorced (36%) compared to foreign-born (22%).
Getting a divorce does not mean staying single for most people. Roughly 2 out of 3 divorced Americans have remarried. Men are slightly more likely (68%) to get remarried compared with women (64%).
After remarrying, 48% of men go on to have a child with their new spouse, and 9% share a residence with a stepchild. For women, 44% have a child with their new spouse, and 4% share a residence with a stepchild.
In Rochester, divorces are heard at the Monroe County Supreme and County Courts at the Hall of Justice. Your initial case filing is completed with the Monroe County Clerk’s Office. In New York, the county supreme court is the only court that handles divorces.
For issues related to a divorce, such as child custody, child support, and spousal maintenance, you can file with the Monroe County Family Court.
Causes of New York’s Low Divorce Rate
New York consistently has one of the lowest divorce rates in the country. This can be attributed to several factors, including the following:
- Couples are typically older when they first decide to get married.
- Tough divorce laws made it more difficult to get divorced for frivolous reasons.
- New York was the last state in the country to introduce no-fault divorce proceedings, but divorce levels have remained lower even after their introduction.
- Higher levels of education are linked to lower divorce rates.
- High household income levels discourage divorce and the need to separate marital assets.
- Larger cities tend to have a higher cost of living, leading to financial concerns that can prevent couples from affording a divorce.
- Cultural factors can lead to couples staying together during difficult times.
FAQs About Divorce Rate in Rochester, NY
Do I Need to Hire a Divorce Attorney?
Legally, you are not required to have a divorce attorney in Rochester, NY, to file for divorce, but there are some benefits. A divorce attorney is well-versed in the divorce laws that apply in your county and state, so they can advise you on which laws apply to your divorce case.
Having a dedicated divorce attorney in Rochestar is also beneficial if you have children or complex financial assets. Your attorney can also advise which assets are considered marital and which are individual.
How Does a Divorce Differ From an Annulment?
A divorce and an annulment both end a marriage, but they do so in different ways. A divorce is a court order that legally ends the marital contract. New York recognizes no-fault divorce and fault-based divorce.
An annulment also ends a marriage, but it legally declares the marriage invalid from the beginning. To get an annulment, you must meet one of the requirements, which involve:
- Bigamy
- Incurable infertility
- Mental incapacity
- Duress
- Fraud
- Incurable insanity
What Is the Difference Between an Uncontested and a Contested Divorce in New York?
New York recognizes both contested and uncontested divorces. In an uncontested divorce, both spouses agree that they want a divorce, along with how marital property, real property, and child custody are arranged.
In a contested divorce, one spouse does not agree with the specific terms of the divorce. One spouse may be against getting divorced altogether, or there could be a disagreement in how marital property, real property, or child custody is arranged.
What Is the Most Common Predictor of Divorce?
There are numerous reasons a couple may decide to get divorced, without one specific reason being more common than another. An often-cited reason for divorce is a lack of commitment to the marriage. Conflicts and communication issues are also common predictors of divorce.
Other commonly cited problems include financial issues, incompatibility, and unrealistic expectations of marriage. Serious issues such as infidelity, domestic violence, substance abuse problems, or imprisonment can also end a marriage.
How Long Is the Divorce Process in New York?
The divorce process in New York does not have a predictable timeline, but some factors can influence how long a divorce takes. Uncontrollable factors such as court backlogs and the time it takes to complete and process paperwork can affect the timeline.
In general, an uncontested divorce takes less time than a contested divorce. An uncontested divorce can be quickly finalized if the necessary documents are accurately completed and promptly submitted.
Contact Trotto Law Firm, P.C.
The divorce process can be long, and sharing your family’s situation with a divorce attorney can feel intrusive, but the outcome of your divorce can have long-reaching implications on your life. Hire a divorce lawyer who can make sure you get your fair share. Contact Trotto Law Firm, P.C., to schedule your initial consultation.
