Brooklyn Divorce Lawyers
Few areas of law create more distress, pain, and agony, as divorce and family law. That doesn’t mean though, that you need to do this alone. Brooklyn divorce lawyers at the Spodek Law Group are here to help you through this rough patch in your life.
The possibility of divorce is a fact of life for many couples in Brooklyn. If your marriage can no longer peacefully exist, it may make sense to file for divorce.
This begins by speaking to our Brooklyn criminal attorneys, for a risk free consultation. It begins by filing a divorce petition in Brooklyn divorce court. It ends with a divorce judge, granting a divorce decree. What happens between the petition and the decree is where the hard work goes into play – and why you need a competent divorce attorney.
What the divorce process means
NY state outlines the process and requirements in order to get a divorce. It’s a very formal process. There are two types of divorces: contested divorces and uncontested divorces. Each has different requirements.
Divorce is an option, as long as at least one spouse wants to obtain the divorce. The terms of the divorce can include how property is divided, if any spousal support is to be paid from one spouse to the other.
Contested divorces are possible if either spouse disagrees with the divorce, or disagrees with the terms and conditions of the divorce. For example, if you disagree with how property is being divided, and are unable to come to an agreement – it could result in a contested divorce.
In Dom 170 the state outlines the four reasons a divorce can be obtained, such as:
- Adultery: when one spouse cheats on their spouse
- Cruelty: when a spouse is subjected to mental or physical cruelty
- Leaving the marriage: abandonment of a spouse is a reason to get a divorce, it can be physical or sexual
- Separation: a couple who is living apart and has a separation agreement for a period of at least one year can file for divorce
Once the petition is filed, the divorce being sued for divorce will required to provide an answer to the divorce request. At this time, hiring your own private Brooklyn divorce lawyer is critical.
Once an answer is submitted to the court, the divorce case is placed on the court docket for trial. The trial itself is only required if a couple is unable to resolve the terms of the divorce, and need a judge to do it for them.
Uncontested divorces don’t require allegations of wrongdoing on the part of the spouse. Both spouses can agree to end the marriage, and agree on the terms of the divorce. Typically, uncontested divorces are easier to resolve. In an uncontested divorce, there’s no requirement of an alleged wrongdoing. Both spouses are agreeing to end their marriage, and agree on terms of the divorce. This type of divorce is typically much easier to resolve.
Residency Requirements for Brooklyn Divorces
New York state requires couples that are divorcing be residents of the state for a period of time before filing for divorce. The exact time will depend on your circumstances. Residency requirements usually vary from 1-2 years.
Bottom line, divorce isn’t easy. It may feel like the hardest thing to do in your life. With the help of a strong Brooklyn divorce lawyer, and support from your family and friends, you can get through a divorce seamlessly.
Differences between Contested and Uncontested Divorces
For everyone involved in divorce proceedings, there are big differences between contested and uncontested divorces. Contested divorce are one where the spouse doesn’t want to get divorced, and disagreed about the grounds for the divorce, in addition to issues such as custody, finances, and other issues. In an uncontested divorce, it’s possible for the divorce to be handled by yourself and your spouse – using the court’s uncontested divorce program.
In some divorce cases, one person will choose to hire an attorney while the other spouse decides to go it alone. It’s likely that the spouse who has an attorney will do better at the end of the case. Because of important issues like child custody, and spousal support, it’s critical you hire your own divorce lawyer to help .By hiring an experienced Brooklyn divorce attorney, you have a higher chance of getting a better divorce settlement agreement.
Brooklyn Divorce Lawyer FAQ
Should I file for custody before I file for divorce?
Sometimes divorces can be simple. It can be a simple process which lets both parties walk away from the relationship. In other instances, this isn’t clear cut. Child custody issues during a divorce procedure can be complicated, and require immense negotiation. Even before the divorce begins, each parent should think about their desired outcome when it comes to the future family arrangement. One of the most common questions that many parents have is about custody. In general, there are three types of custody: sole custody, primary custody, and joint custody.
- Sole custody means only one party has custody of the child
- Primary custody means one spouse takes the primary role
- Joint custody means both spouses share all decisions
It’s traditional to work out the custody arrangements during the divorce proceedings rather than before the divorce begins. If you have a concern about your spouse, and about child and spousal abuse, it might mean you have to go court and speak to a judge. The judge might issue a temporary custody order which gives one spouse full rights as the divorce proceeds.
Filing for custody before the divorce begins can have many drawbacks.
What’s an uncontested divorce?
While divorce proceedings can have a number of potential challenges to be discussed, they don’t have to be confrontational. Sometimes, parties can amicably agree and find compromise on how to handle these issues. Uncontested divorces happen when there are no major disagreements on issues, such as child custody agreements, spousal support, etc. Uncontested divorces aren’t necessarily easy, but can be – if both spouses are on the same page, and have Brooklyn divorce lawyers who are trying to help them. It’s easier to have an uncontested divorce if there are no children, no assets, and no spousal support to discuss. If asset division becomes a question, then an uncontested divorce will not be so simple.
If a divorce becomes contested, you may need a Brooklyn divorce attorney to help you. This attorney can provide expertise on topics such as division of marital property, spousal maintenance, orders of protection, and more. It’s better if you can avoid going to court during the divorce. It’s recommended that you consider collaborative divorces, or divorce mediation, in order to make the divorce process the least stressful for yourself, and your family.
Can we get separated instead of filing for divorce?
There are a number of advantages to getting a legal separation instead of a divorce. Our Brooklyn divorce attorneys can advise you on where it might be more beneficial to remain separated, instead of divorced. Legal separation is a tactic deployed when you’re in a marriage, and have decided you need to separate for your own peace of mind.
Differences between legal separation and divorce
There are many differences. Divorcing your spouse isn’t a decision to be taken lightly. Legal separation is something you can pursue when you no longer wish to live together, but have hope that the marriage can be saved in the long term. Legal separation is something that doesn’t need to be granted in court. It’s a legal binding contract our Brooklyn divorce attorneys can prepare for you in order to implement it. Spouses that sign a separation agreement can agree to live separate from each other, determine how expenses are to be paid, which parent the child will live with, visitation rights, and more. Unlike divorce, legal separation doesn’t dissolve the marriage. Legally separated partners cannot remarry until they terminate their original marriage.
It’s not uncommon for married couples to go through a rough patch which seems impossible to fix. In this case, it might be good to hire a Brooklyn legal separation attorney.