When it comes to getting divorced, there are many ways you can go about it. Some people do it on their own, while others hire a lawyer to help them get through the process. But no matter your situation, there are a few things you should know about getting a divorce.
You should first have grounds, or a legally acceptable reason to ask for a divorce. This includes things like a long-term physical or emotional abuse of your spouse, or if your spouse has left you for one or more years without justification.
If you do have grounds, you should be able to get a divorce without any problems. In most cases, you can file for a divorce without the help of a lawyer if your case is uncontested and both parties are willing to negotiate the issues of child custody, property division, alimony, and support.
The court will consider whether your spouse is a party to the action (he or she has to be in the same jurisdiction as you) and if you have been living in the same state for a certain amount of time. You must have lived in the state for a minimum of six months before you can file for a divorce in New York.
After you have filed your complaint and have served your spouse with the papers, the court clerk will issue a case number to your case. This is what you will need to keep track of the case in the future. You will also need a case number to get an official (“certified”) copy of the Decree of Dissolution if you want to use it to get your share of marital assets or receive spousal support from your former spouse.
If your spouse is served with the paperwork, they have 20 days to respond in writing to the divorce papers. If they do not, the case will proceed to trial and you will have to wait for your case to be heard in front of a judge. Recommended this site medical malpractice attorney .
Divorce attorneys typically prepare documents, such as a Complaint for Dissolution of Marriage (if you are the plaintiff) or an Answer and Counterclaim (if you are the defendant). They can also draft a Marital Settlement Agreement. These agreements are legal contracts that set out the terms of your marital settlement.
They can also serve as your advocate in court, helping you stay calm during the proceedings and helping you work toward the best resolution for your situation. They can help you navigate the complexities of the law and your individual circumstances, including helping you make informed decisions about your finances.
Some courts may have a lawyer on staff to handle cases that are not in need of an attorney, especially for those who have little or no money or assets. They will often refer clients to a low-cost attorney who is willing to accept reduced fees.
You can also save money by working with a mediator or collaborative family lawyer. These methods often involve less court time and are much less costly than traditional litigation.