Getting a divorce is something a spouse never envisions on their wedding day. In fact, couples don’t get married just to get a divorce. However, the possibility of divorce is a fact of life for many couples in Brooklyn. Divorce is the legal end to a marriage. It begins by filing a divorce petition in Brooklyn divorce court. It ends with a divorce judge granting a couple a divorce decree. What happens between the petition and decree is a lot of hard work and desire to resolve issues.
Types of Divorce in Brooklyn
New York outlines the process and requirements to obtain a divorce in Brooklyn. For example, the state requires a spouse to pick between two types of divorces: contested divorce and uncontested divorce. Each divorce has different requirements.
It is an option when only one spouse wants to obtain a divorce or both spouses can’t agree to divorce terms. These divorce terms include how property is divided and if any spousal support is paid from one spouse to their partner.
A contested divorce can only occur when there is some reason to end the marriage. A spouse may not like their partner anymore. However, that is not a legal reason to obtain a divorce in Brooklyn. In DOM 170, the state outlines four reasons to obtain a contested divorce. These reasons include:
1. Adultery: Adultery occurs when a spouse cheats on their spouse.
2. Cruelty: A spouse who has been subjected to mental or physical cruelty can cite this reason for wanting a divorce.
3. Leaving the Marriage: Abandonment of a spouse is a reason to obtain a divorce. The abandonment can be physical or sexual. This means the spouse could still live in the marital home, but refused to engage in sexual intercourse with their spouse.
4. Separation: A couple who is living apart and have a separation agreement for a period of at least one year, could file for divorce.
Once the petition is filed, the spouse being sued for divorce must provide an answer. The answer is a response to the divorce petition. In the petition, the spouse disputes the allegations such as cheating on their spouse. New York state law has some specific defenses a spouse can use to refute the divorce allegations such as the spouse who filed for divorce is also guilty of adultery. Another defense is to claim the offense was forgiven. This means that the person forgave their spouse for what allegations they made in the petition.
For example, if a wife cheated on her spouse six years ago. The spouse forgave the wife for having an affair. Then they later filed for divorce claiming adultery. The wife could use the defense that the offense was forgiven. The wife could then show proof that she was forgiven because they voluntary continued to live together. Also, the spouse didn’t file for divorce immediately after it had happened, but waited six years to file the petition.
Once the answer is submitted to the court, the divorce case is placed on the court docket for trial. A trial is only required when a couple can’t resolve their terms of divorce and must have a judge do it for them.
An uncontested divorce doesn’t require alleging wrongdoing on the part of a spouse. Both spouses agree to end their marriage and agree on the terms of the divorce. This type of divorce is easier to resolve. A written agreement is submitted to the court outlining the terms of the divorce.
Residency Requirement for a New York Divorce
New York requires divorcing couples be residents of the state for a specific period of time prior to filing for divorce. The exact time depends on circumstances. However, residence requirements vary from one to two years.
There is no waiting period for obtaining a divorce.
Contact a Divorce Attorney for Help with a Brooklyn Divorce
Divorce isn’t easy. In fact, it may feel like the hardest thing to do in your life. However, with the help of strong legal counsel and emotional support from family and friends, you can get through a divorce just fine. Contact a divorce attorney in Brooklyn about filing a divorce petition or filing an answer. In addition, to providing legal advice, your divorce attorney will work to resolve your the terms of your divorce in a fair way.
Whether a divorce is contested or uncontested, there are many crucial issues that need to be agreed upon prior to signing the final papers. These can include alimony payments, child support payments, custody agreements, and how property will be divided between the spouses. While in some cases divorcing couples are able to work out equitable arrangements regarding these issues on their own, the vast majority require a skilled divorce lawyer to help finalize any agreements and ensure they are not unnecessarily and unknowingly giving up their legal rights in the process. And because divorcing couples often have difficulty not letting their feelings and emotions determine their thinking in these hearings, it’s even more important to have an attorney who knows how to keep negotiations on course.
Contested and Uncontested Divorces
For everyone involved in divorce proceedings, including children, there are vast differences between contested and uncontested divorces. According to information provided by the New York Unified Court System, a contested divorce means that one spouse does not want to get divorced, disagrees about the grounds given for the divorce, and also has issues regarding custody, finances, and other issues related to the divorce. However, if the divorce is uncontested, both spouses wish to get divorced, and have been able to come to agreements regarding child custody, division of property, and all financial arrangements. While an uncontested divorce can in many ways be handled as a Do-It-Yourself divorce through the court’s Uncontested Divorce Program, a contested divorce will require both spouses to make several court appearances. Because of this, the services of a knowledgeable divorce attorney will be extremely important. For more information about these types of divorces, visit Your text to link….
Examining the Paperwork
In some divorce proceedings, one person chooses to hire an attorney, while the other spouse chooses to go it alone. When this happens, it’s almost inevitable the spouse without an attorney will come out on the losing end of the negotiations. Whether it’s deciding custody arrangements, finances, or the division of property, chances are the spouse who has hired an attorney will come out with a far better deal. Because of this, it’s important to never choose to handle these negotiations yourself, especially if there are numerous complex financial and custody issues to be discussed and agreed upon. By hiring an experienced attorney, you can not only have a much better agreement negotiated for you, but you’ll also have someone who can examine all written agreements before you sign them, ensuring you do not sign away key legal rights to which you should be entitled.
Due to the Marriage Equality Act of 2011, more and more same-sex marriages now take place in New York. While these marriages may be looked upon by some as non-traditional, they are nevertheless legally binding unions that are subject to the same problems as marriages between a man and woman. This includes divorce, and in these cases such issues as child custody, alimony, property division, and other financial matters need to be resolved to everyone’s satisfaction. In these matters, since not all states have the same laws, it’s crucial to seek the advice of a divorce lawyer who has experience in these complex legal matters.
Consult an Attorney
No matter what type of divorce proceedings you will be involved in, consulting with a knowledgeable divorce lawyer should be your first step. By doing so, you can discuss your case in detail, and be given objective advice as to what may or may not happen along the way. In doing so, you’ll be able to gain peace of mind.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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