A Brooklyn divorce trial lawyer should be an advocate who stands by you for the duration of your divorce and answers crucial questions that you have about the process. Going to a divorce trial is something that many people want to avoid if at all possible. However, there are certain situations in which you will need a Brooklyn divorce trial attorney to help you. While no one really wants to go to trial, you need to verify that your lawyer is prepared to do so in a fault-based or no fault divorce.
A Brooklyn divorce trial lawyer may be necessary if you have tried to work things out in alternative dispute resolution and been unable to come to an agreement with your former spouse. A divorce trial attorney in Brooklyn will help you file the necessary paperwork and gather the evidence to support your claims over the duration of your divorce.
A Brooklyn divorce trial may need to be scheduled if you have attempted to resolve things on your own and been unable to do so because a resolution must come about for issues such as child custody, child support, spousal support and distribution of property. Knowing what to anticipate in a trial for divorce can ease your mind and help you feel more prepared when the time comes.
In an uncontested divorce in New York, which is different from a contested divorce, the parties will work to resolve their differences and address all financial and child related issues. This process can take as little as a couple of weeks because the parties are not contesting any of the issues. However, court intervention is required to resolve a contested divorce case in New York. This can take much longer and of course, costs more than an uncontested divorce.
A contested divorce case in New York initiates when a spouse files a divorce action in court. The next phase is for the other spouse to receive the notice of the divorce petition. He or she must receive this no later than 120 days beyond the initial filing. From that point, the spouse who receives the divorce petition has up to 30 days to respond. In these cases, a request for judicial intervention, which is the first notice that the parties are asking the court to decide these issues, are usually filed early.
The parties will then begin to attend a series of court conferences and learn more about discovery deadlines and immediate issues such as child custody and access and child support.
A person who receives the divorce summons should be mindful that they only have a limited period of time in which to respond to this. You cannot go any longer than 20 days before responding to a divorce summons that has been personally delivered to you under New York law. This makes it all the more important to retain a divorce attorney immediately after receiving the summon so that you can sit down and discuss the crucial issues in your case.
You will need to take action to find a lawyer to represent you immediately. The beginning stages of the divorce process including discovery in which each side shares the information they intend to pursue over the case is extremely important. You need to have confidence in your attorney from the moment that you have hired him or her early on in these phases of the case.
Without an attorney who is highly knowledgeable about these issues, you could expose yourself to mistakes and other complications which are unnecessary and may be easily avoided by retaining the right lawyer to represent your best interest. You deserve an attorney who cares.