Types of Divorce Permitted by New York Law
Divorce, like marriage, is a life-changing experience. It should involve, plenty of thinking and reflecting not only on its consequences for you but also for your partner, your family, and, most especially, your children. Statistics show that, on average, first marriages that end in divorce last eight years. Eight years is a long time to be with a partner, and breaking the union involves emotional, psychological, and spiritual stresses even if the decision to separate is mutual and voluntary. It, again like marriage, also involves intricate legal implications, which, for persons going through a divorce, may pose additional stress. While it is best to part on amicable terms, there are several types of divorce one could consider before filing in New York State.
Choosing Between a No-Fault & At-Fault Divorce
What is a No-Fault Divorce?
No-fault divorce is when the grounds for filing for divorce are irreconcilable differences, incompatibility, and irremediable breakdown of marriage for six months. It does not require proof of fault of either party. New York State signed no-fault into law in August 2010.
What is an At-Fault Divorce?
At-fault divorce requires at least one party to allege and prove the other has committed adultery, inflicted a cruel or inhuman treatment on them, abandoned them, has been in prison for 3 years, or they had been legally separated for over 1 year.
The claims can either be contested or uncontested by the alleged erring spouses. If they choose to contest the allegations, the process can end up in a court trial involving draining exchanges of charges and counter-charges. This, of course, requires both parties to retain divorce lawyers from Brooklyn.
Choosing Between a Contested and Uncontested Divorces
We understand the adverse emotional and psychological effects of legal battles on the spouses, your children, and families that come with a contested divorce proceeding. An uncontested divorce is a sane alternative to this. It should also be remembered that men and women going through a divorce are often not in their best state of minds. Emotions generally overwhelm them and thus they need the guiding hand of other men and women who are knowledgeable about the subject, like the divorce lawyers from Brooklyn.
What is a Contested Divorce?
A contested divorce happens when one or both parties choose to challenge the allegations of the other party, and the process ends up in a court trial. This type of divorce is long and drawn out. Both parties should obtain divorce attorneys in this situation.
What is an Uncontested Divorce?
Even in an uncontested divorce, however, divorce lawyers are still needed because there are still important issues involved, including child custody and visitation, child support, the division of assets, and alimony or spousal support. These can remain contentious and in fact, it is irreconcilable differences on these matters that often lead to court trials. Our lawyers are experienced at negotiating the best compromises for both parties, the court trials can be avoided.
Alatsas Lawyers are Experienced in Litigating all New York Divorces
Representing our clients at the trials is only part of the job of the divorce lawyers. They are expected to thoroughly study the position of their clients, whether the evidence and arguments they are presenting are legally admissible and that they have a strong case, or they are weak and that it might be better for them to negotiate for an amicable settlement.
At Alatsas Law Firm, our lawyers prepare our clients for the courtroom as they typically are unfamiliar with what happens during divorce proceedings.