What are the two types of divorces that happen in New York?
Brooklyn, NY – The amount of agreement between two spouses is one of the most important factors in any divorce case. This can greatly affect the duration of the divorce case, including the time spent in court or negotiating. New York’s family law system divides divorces into contested and uncontested divorces to separate cases that need lots of litigation from those that do not. Legal help from a family law firm should be obtained as soon as possible for any type of divorce case.
Divorces where couples are mostly in agreement
An uncontested divorce is the type of case where the two spouses involved can agree on most of the important issues regarding their separation. This level of agreement obviously makes the process to separate and formally end the marriage through the courts much quicker. The issues that are already decided may include whether alimony is necessary, child custody plans, child support payments, and property division. In most cases, the divorce will be considered a no fault divorce due to a general breakdown of the marriage, but it is possible to choose fault based grounds as well if applicable.
These types of divorce filings do not require a full trial in the local court system. This method of bypassing litigation obviously saves time and money for all parties involved. The judge can formalize the separation once a few basic procedures have been followed and the relevant paperwork is completed.
A lack of agreement between the spouses
A typical contested divorce can require multiple hearings and substantial time in court, in addition to being more costly. Property division tends to be a long and drawn out process, especially if the couple lived together for a long time and had large amounts of shared assets. This process is necessary if at least one crucial area such as child custody or alimony is in disagreement. After the defendant spouse is served with the divorce papers, a preliminary conference needs to happen for the judge assigned to the case to determine which issues are going to be contested before the litigation formally begins.
Information and evidence is exchanged during the discovery process between both lawyers once the case actually starts. The last part of the contested divorce is a full trial in court. This can include presentation of evidence, argument from the lawyers for both sides, and testimony from witnesses.
The assistance of a New York family attorney
Family law cases can be confusing, stressful, and emotionally draining. Elliot Green Law Offices is a firm in Brooklyn that is experienced in helping clients get through their family law issues efficiently to avoid additional problems.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201