How Do I Determine if Court Is Necessary for My Divorce?

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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.


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.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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