Brooklyn Divorce Statutes
A Brooklyn divorce statutes attorney will help explain to you the various facets of your case which can be decided by you using a form of alternative dispute resolution or managed by a judge. A Brooklyn divorce statutes lawyer will be an essential component of your ability to find meaningful resolution to these issues.
Even if you cannot arrive at a settlement agreement on your own with your former spouse, you may be able to use settlement arrangements such as alternative dispute resolution and mediation to resolve some of the issues in your case. This can drastically decrease your costs and the amount of time that you spend fighting for issues in court. Hiring the right divorce statutes attorney in Brooklyn is a crucial component of your feeling prepared and confident.
This is one of the most personal and complex aspects of your life and it should only be managed by a lawyer that you can trust. With so many unique facets of your case to consider, it is a big mistake to leave them up to chance. New York divorce laws allow for fault-based and no-fault based divorce grounds.
The court must come to a resolution or the parties may come to a resolution by themselves that is ultimately accepted by the court related to issues such as spousal support, child support, child custody and distribution of property. The no-fault divorce laws were signed in New York in 2010. Previously, New York only recognized fault based grounds for divorce such as adultery and imprisonment. The fault based grounds can still be pursued by a person who believes that this may have an important impact on their case and it can also play into other issues in the determination of the divorce.
Some of the fault based divorce grounds include abandonment for a continuous period of a year or longer, adultery, imprisonment for three or more years subsequent to the marriage, or cruel and inhuman treatment. Irretrievable breakdown or no-fault based grounds is the most common way that people pursue divorce in the state of New York.
If the relationship between the husband and wife has broken down for a period of at least six months, then one party is eligible to initiate a divorce ground. Separation can also be grounds for divorce. A judgement of separation that was handed down by the court must be in place for at least one year whereas a separation agreement stipulates that the spouses have not lived together for a minimum of one year and have signed an agreement of separation.
The grounds for divorce may ultimately be decided by a judge since all other property division is considered equitable in nature. The grounds must be specifically stated in the case including details, factual dates and actual places of occurrence. Lack of appropriate content is not an affirmative defense. The plaintiff is responsible for proving the allegations. If all issues are decided between the parties, they do not have to go through divorce litigation. This can be a much better outcome for you as well as your family members depending on your circumstances. After the case is filed and served, then the parties will have to request a preliminary conference within 90 days if the case is to be treated as the contested divorce. This preliminary conference will be scheduled if one of the parties files a request for judicial intervention. An uncontested divorce simply requires that the parties meet together and put together their own arrangement with the help of an attorney. This agreement can then be submitte d to the court for final acceptance. It is recommended to have an attorney in any case as a lawyer can significantly protect the interests and assets of a person heading into a divorce in New York.