Brooklyn, NY – There are some rules regarding divorces in New York that need to be sorted out before a divorce can be formally completed and the marriage is dissolved. One of these procedures is related to whether the divorce is contested or not. A contested divorce will have to be litigated with the assistance of family law professionals until the couple can come to an agreement on certain crucial issues.
Contesting a divorce filing
New York divorce law mostly focuses on whether the separation is considered contested or uncontested. The timeline for a divorce and litigation costs can vary greatly depending on what issues the couple can agree on.
Uncontested divorces and divorce settlements
An uncontested divorce is ideal for many couples. This means that they can agree on all important aspects of the separation, such as child support and custody, property division, and whether any kind of support payments will be required, as well as the amounts of the payments. This type of separation also requires the grounds for the divorce to be in agreement as well. Most couples will choose no fault grounds for the divorce so that they can simply say that the marriage has broken down and they no longer want to be together. If all of the procedural steps are completed properly, the judge can essentially sign off on the documents for the divorce and end the marriage without further issue.
Contested divorces and litigation
Contested divorces have disagreements that need to be solved through the legal process. This happens when the lawyers for both parties confirm that there is a lack of agreement on at least one crucial issue regarding the couple’s separation. The court filings will include a request for judicial intervention when it is obvious that the couple cannot agree on all issues related to their divorce. There are important time limits that the divorce attorneys must comply with in order to have the contested matters litigated within the appropriate time frame. The spouses have to disclose their net worth before the divorce proceedings can begin. There are also rules related to a discovery process like other civil cases where both sides have to exchange any information that is relevant to the contested matters of the case. If there is still no settlement after all of the discovery has been shared, there may be a formal divorce trial.
Scheduling a meeting with a family law firm
Anyone who needs help from a family law attorney in the Brooklyn area can speak with Elliot Green. The firm handles family issues such as divorces, child custody hearings, alimony payments, and more.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201