In the Bronx, a spouse has two options when filing for divorce: uncontested and contested divorce. An uncontested divorce occurs when both spouses want
Unfortunately, not all marriages in Brooklyn have a “happily ever after” ending. Some spouses choose to legally end their marriages amicably. This means that they file for an uncontested divorce. The wait at least 12 months to meet New York divorce law regarding separation, then one spouse files a divorce petition.
Sometimes spouses are ready to get divorced. One spouse may want the divorce, and the other doesn’t. This can create what’s called a “contested divorce.”Another reason a divorce can become contested is if the couple can’t agree to divorce terms. Divorce terms are:
1. Division of property
2. Spousal support
3. Child support
4. Child custody
5. Who pays marital debts.
Seeking a Contested Divorce in Brooklyn
A person who wants to get divorce even though their spouse does not, can file for divorce. However, New York lawrequires the spouse to have a reason for the divorce. The reason is called a grounds for divorce. Without listing grounds for a divorce, the divorce judge will not grant the divorce decree. A divorce decree is a written document given a divorce is finalized.
Grounds for a Contested Divorce in Brooklyn
New York law only recognizes four grounds of a divorce. This means whether a spouse lives in the Bronx or Brooklyn, they must pick at least one of the following grounds for divorce:
1. Legal Separation: Spouses living separately and apart according to a written separation agreement for at least one year can file for divorce.
2. Adultery: One spouse cheated. This could be a one-time affair or a long-term affair.
3. Cruel, Inhuman Treatment: Cruel and inhuman treatment happens when a spouse mentally and/or physically abuses their spouse.
4. Abandonment: A spouse leaves their spouse physically. For example, they are sentenced to prison time. A spouse can file for divorce after three years. Another form of abandonment is sexual abandonment. Sexual abandonment occurs when a spouse no longer has sex with their spouse.
The Contested Divorce Process in Brooklyn
Each divorce process starts with the filing for a divorce petition. The spouse who files the petition becomes the plaintiff in the divorce case. The petition outlines the grounds for a contested divorce. The petition is then sent to the spouse who is sued for divorce. This spouse becomes the defendant in the divorce case.
The defendant must file a response to the divorce petition. The response must argue against the contested divorce. New York divorce laws have divorce defenses. These defenses are based on the allegations such as adultery or cruelty. They must also request for Judicial Intervention (RJI) must be filed no later than 45 days after receiving the divorce petition.
A preliminary conference is scheduled. A preliminary conference, or pretrial conference, is a gathering of the spouses and their lawyers to work on issues. If they can resolve the divorce terms, they can avoid going to trial.
A statement of net worth is required about 10 days before the preliminary conference. This means that each spouse must provide the other with information about how much money they have. Another part of the process includes a discovery. Discovery requires each party to hand over documents such as bank statements. This is used as evidence in the divorce proceeding.
During this time, the spouses will be working to negotiate divorce terms. If the terms are resolved, there’s no need to continue to trial. If the judge agrees with the divorce terms, a divorce decree will be issued.
However, if the couple can’t agree to divorce terms, they’ll go to trial. At trial, each side will present their case on why the divorce should be or shouldn’t be granted. The judge will rule. If the divorce is granted, the judge will decide the terms prior to issue a divorce decree.
Getting Help with Your Brooklyn Divorce
Divorce is complicated. However, it doesn’t have to take a long time. The process can move quickly when both parties agree to divorce terms. Whether you are contemplating a divorce or received divorce petition, contact a divorce attorney immediately.
A divorce attorney will advise you of the New York divorce laws such as residency requirements. A residency requirement is the amount of time you must live in New York before filing for divorce. The specific amount of time depends on circumstances. However, New York residence requirements vary from one to years that you must live in the Empire State.
Contact us for assistance with your divorce today.