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11 Oct 17

Can the judge declare me as single before the divorce is final?

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Divorce cases represent some of the most emotionally charged and legally challenging of all types of court proceedings in the state of New York, and across the nation. If you have found yourself in a divorce case, you likely routinely find yourself with questions. Indeed, once you think you have the answers you need to your questions, new ones always seem to arise.

If you are like nearly all people involved in divorce cases, you are terribly eager to bring the proceedings to an end. You strongly desire to get on with your life. As a result, you may wonder whether there is a mechanism through which the court can terminate your marriage and declare you to be a single person even before all of the issues in your marriage dissolution case fully are addressed.

The reality is that there is absolutely no way for a judge to declare you to be a single person until the final divorce decree is issued in your case. Although the court can deal with a wide array of issues once and for all before your divorce case is completely over, the one thing a judge simply cannot do is declare you a single person at any time prior to the issuance of a Final Divorce Decree.

Matters Addressed in a Divorce Case

The typical New York divorce proceeding addresses an array of different types of issues. A key set of issues of a typical New York divorce case is distributing between the spouses the assets and debts accumulated during the course of the marriage.

Sometimes the matter of assets and debts is resolved through a settlement agreement entered into between the parties to a divorce. At other times, the parties to a marriage dissolution case are unable to reach a decision regarding property and debts. In that circumstance, the court will conduct further proceedings in the case, including perhaps even a divorce trial. After receiving evidence, and hearing the arguments of the parties, the court will make a determination regarding assets and debts.

Issues surrounding minor children born during the marriage represent another category of concerns that must be addressed in a divorce case. This includes everything from child custody to parenting time or visitation to child support.

Final Divorce Decree

Once all of the major issues of a case have been resolved via a settlement agreement between the parties, or once a trial is concluded in a divorce case, the court is in a position to issue a final decree of divorce. In addition to addressing issues like financial matters and children, the court will officially or formally terminate a marriage in a final divorce decree.

The termination of the marriage via a divorce decree renders the parties single individuals. As single people, a person who just concluded a divorce case is in a position to seek out new individuals to date and develop a more intimate relationship.

As an aside, a final decree of divorce can also restore a prior name utilized by a party to a divorce. More often than not this is a woman who desires to have her maiden name restored at the conclusion of a divorce case. Although this is the common situation, any individual that has experienced an alteration to his or her name because of a marriage has the legal ability to have some sort of prior name restored with that individual

Hiring a New York Divorce Lawyer

In order to make sure that you fully understand your legal rights in a divorce case, you should consider seriously scheduling an initial consultation with a New York divorce lawyer. A New York divorce attorney will provide you with an evaluation of your case. In addition, during an initial consultation you are able to raise any questions you may have. Finally, as a matter of general practice, a New York divorce lawyer charges no fee for an initial consultation.

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