Brooklyn, NY – Divorces have been simplified to the point where one spouse can fill out some forms and paperwork to end their marriage without much delay. However, legal help should be retained throughout this process, as someone without experience in family law is unlikely to be able to navigate this process successfully on their own. There is also the possibility of a lopsided outcome if one spouse is represented but the other is not.
Courts in New York will not process a divorce petition unless the couple establishes that they have residency in the state. In most cases, this means that at least one spouse has lived in the state for at least the prior year before filing. If the couple does not meet this requirement, they should see if they can file in their previous state of residence.
Showing a reason for the divorce
New York law recognizes fault based grounds for a divorce such as adultery, imprisonment, abandonment, and inhumane treatment. However, for most couples it will be more efficient to claim that the marriage has broken down for any reasons at all, and there is no hope of reconciliation. This is commonly referred to as a no fault divorce. Legal help may be necessary to decide which specific grounds for divorce should be used based on the situation.
Starting the paperwork
As with most other legal actions, the divorce case will actually start with a court filing by the spouse who petitions for the divorce. The specific forms that need to be completed will depend on the couple’s situation, such as whether they qualify for an uncontested or simplified divorce. The spouse who is not filing will become the defendant in the case, and they must receive a copy of the summons and complaint. Formal notice of a legal action against a person is required in all civil cases through personal service of the lawsuit.
Disputing the divorce filings
The other spouse can dispute details about things like property division and child custody in their response to the divorce filings, but they cannot force the marriage to remain intact if the other party wishes to continue with the dissolution. In other words, as long as the requirements are met and at least one spouse goes through the process to end the marriage, it will be dissolved once all of the relevant procedures are completed.
Divorce lawyers in Brooklyn
Elliot Green Law Offices is a firm that deals with divorces, custody disputes, and other family law issues for local clients in the Brooklyn area. Their attorneys are available to discuss these matters and answer questions about representation.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201