Divorce is a significant legal matter. However, it does not always have to be handled in the presence of a New York court. Put simply, this all depends on how amicable you and your spouse are during the decision-making process. Follow along to find out how you can determine if a court’s input is necessary for your divorce and how one of our proficient attorneys at our Suffolk County divorce law firm, the Law Offices of Susan A. Kassel, P.C., can be of assistance.
Is a New York court necessary for my contested divorce?
Firstly, a contested divorce is necessary when you and your spouse cannot agree on key martial issues. So, in a contested divorce, a New York court will need to be present to handle these agreements on your behalf. With litigation in this courtroom setting, many factors will be considered, including your and your spouse’s wants and needs, to ultimately reach a divorce settlement agreement. Some of the key marital issues that a New York court will decide on your behalf include the following:
- Spousal maintenance: when you and your spouse cannot agree on whether one should receive spousal payments for temporary or long-term financial support.
- Marital property distribution: when you and your spouse cannot agree on how to fairly split your marital assets, especially when there is an emotional tie present.
- Child custody: when you and your spouse cannot agree on whether one should earn physical and/or legal custody of your child.
- Child support: when you and your spouse cannot agree on whether one should make support payments for your child.
Is a New York court necessary for my uncontested divorce?
Secondly, an uncontested divorce is achievable if you and your spouse have little to no disagreements regarding the terms and conditions of your divorce.
For instance, divorce mediation is a popular divorce method that is used for an uncontested divorce. This process takes place outside of the courtroom. Instead, it is done in the presence of an unbiased third-party mediator. Here, you and your spouse will reach decisions on your own, rather than leaving your fate up to the court.
Divorce mediation tends to be favored because of its reputation for moving rapidly and being much less expensive than contested divorce cases that use litigation. Additionally, there are the benefits of privacy, and overall, financial and emotional relief. However, make note that an uncontested divorce can turn into a contested case quickly if you and your spouse cannot reach agreements regarding even just one key marital issue.
If you are still unsure if you require the presence of a court for your divorce, contact a talented Suffolk County uncontested divorce attorney as soon as you can.
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If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.