A Queens no-fault divorce attorney can help you if you are thinking about moving forward with a divorce and do not have fault based grounds. These are your two options, but you can resolve these issues in alternative dispute resolution or in trial.
A Queens no-fault divorce lawyer is the first person you should turn to when you have questions about your case and how the courts are likely to view critical issues as you move forward. The New York divorce laws changed in 2010 when the no-fault divorce law was officially signed into law in New York.
Prior to that point, people had to come forward with very specific fault-based grounds in order to initiate a legal divorce from their former spouse. New York now allows for both fault-based grounds and no-fault based grounds. A no-fault divorce lawyer in Queens can assist you if you have experienced an irretrievable break down of the marriage for at least six months from which you expect the relationship will not recover. No-fault divorce may also be referred to as irretrievable breakdown.
If the relationship between the wife and the husband has been irretrievably broken for a period of at least six months, either of those individuals is eligible to initiate a divorce petition. The parties may disagree over critical issues like alimony, division of joint assets, child support and child custody. If you need to modify these issues after the divorce is over, you’ll also want a lawyer.
In the situation where you and your spouse may be able to come to an agreement of your own about these issues, you can pursue alternative dispute resolution in the form of mediation to address these concerns. In mediation, you will put together your own agreement about how these issues will be handled. It is still recommended however, that you have an attorney at your side over the course of this development. You may be able to resolve some or all of the issues in mediation and will therefore need to address any unresolved issues in litigation directly.
No judgement of divorce can be granted under no-fault ground unless the economic issues of spousal support, child support and equitable distribution of marital property have already been addressed.
If you and your spouse cannot come to terms of agreement about these issues on your own, you will need to turn it over to the courts to review the involved evidence and determine what is most appropriate.
Separation can also be used as a ground of divorce if you do not wish to pursue the irretrievable breakdown or no-fault divorce laws. A judgement of separation or decree of separation that was already generated by the court for a minimum of one year is the ground to pursue separation as a ground for divorce. Furthermore, if the spouses have not lived for a minimum of one year and have already signed an agreement of separation addressing the critical issues, which they expect to apply to the divorce as well, you may be eligible to pursue these grounds.
An uncontested divorce refers to situations in which the parties are able to come to terms of agreement entirely on their own about critical divorce issues whereas a contested divorce involves some level of disagreement between the parties about some or all of the involved issues. Having the insight of an experienced attorney at your side over the course of the divorce issues can be extremely valuable for answering your questions and ensuring that your interests are protected from the moment that you file. The right lawyer can have a big impact on the outcome of your case and this is why an attorney should be retained as soon as possible.