Divorce is a legal action taken to end a marriage. It can be done through litigation or by using a Marital Settlement Agreement. All divorce actions must proceed through the courts, whether consensual or not. The difference is, a consensual divorce can save you substantial legal fees and time.
No Fault Divorce can be justified by an “irretrievable breakdown” of a marriage that has lasted more than 6 months. One spouse must state under oath that the marriage has broken down for a period of at least 6 months.
Another ground for no-fault divorce in New York is if the couple has lived apart for at least a year under a separation agreement or a court ordered legal separation.
There are several grounds for a fault divorce in New York State;
When one spouse physically or mentally abuses the other. An example of this could be domestic violence.
If one spouse goes to prison for 3 or more years, the other spouse can file for a divorce.
When one spouse has sexual relations outside of the marriage without the consent of the other spouse. This must have occurred within 5 years of the divorce filing.
Uncontested Divorce is when both parties agree to the terms of the divorce, and it can proceed without going to trial. It is the least costly way to get a divorce, and will help avoid the stress of a lengthy court case.
Contested Divorce is when a couple can not agree on the terms of the divorce and decide to take the matter to court. If there are children under 18 years old involved this can be a long, drawn out battle. Issues of child custody, visitation, alimony and child support are some of the most common issues couples opt to go to court to resolve.
If an agreement can not be reached pursuant to the filing of the divorce, a judge can order a trial at which the parties and witnesses may be called to testify.
It is best to consult with a skilled divorce attorney to learn all your options before moving ahead with a divorce.
Solomos and Storms will fight diligently to attain your rights and to make sure you are treated fairly.
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