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16 Jul 16

Will I Have to Appear in Court at Any Time During My Divorce?

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When it comes to divorce, it’s best if you try to avoid heading to court. A judge will have to handle your differences if you can’t settle them between you. There are times when you will have to appear in divorce court, but most of the time, it can be handled privately without court proceedings.

Feuding Spouses

There are many options for divorce that don’t involve stepping foot in a courtroom. You and your spouse can consider hiring a lawyer but take part in mediation, or seek a collaborative divorce.

A third-party will help the divorcing couple split the assets in an amicable way without arguments. The mediator keeps it fair since he or she doesn’t have a stake in the outcome of the process. The mediator is a trained person who has handled hundreds of cases prior to yours.

A collaborative divorce has more people involved from lawyers for both sides, a financial counselor and a mental health professional. In collaborative divorces, the couple has to agree to handle the divorce in a way that is gentler on the entire family.

Divorces can be extremely contentious. Spouses can become angry and mean. This complicates the process and makes it difficult to resolve without heading to court.

Court-Ordered Details

When a couple is in the process of divorcing, there are details that are hammered out by the lawyers for both sides. They include who will end up with the house, who will receive the cash and visitation for the children involved. They can include child support payments too.

When one of the parties violates the terms laid out in the agreement, the ex-wife or ex-husband can take them to court. While the custodial parent and the court can’t force the other to participate in visitation, the non-custodial parent can’t visit or take the child whenever he or she wants.

Divorce can be complicated when there are children involved. Things have to be fair for the children since they matter most in the proceedings, so when one parent violates the terms of the divorce order, the other parent can take them to court.

Change in Circumstances

There are times when a parent loses their job and needs to modify the court order. They may need to raise or lower child support or move due to work obligations. This has an impact on the order, so it will have to be modified.

If one parent wants to move out of state for work, the other parent might want to fight that move. Both parents expect to have access to their child and spend time with them.

In the case of alimony payments, the person receiving the payments might be violating the order in some way, which allows the order to be amended.

There are a variety of situations and scenarios that would require evidence and motions to be heard by a judge in a courtroom.

It’s easier to mediate the divorce in a setting that allows both sides to have an equal split of the assets as well as equal access to time with the children. If the couple can’t reach an agreement, a judge will have to step in to make those decisions for them. If you need help, speak to one of our NYC divorce lawyers today.

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