Filling for divorce means making the decision to end your marriage, yet not all marriages end in divorce even after the paperwork has been filed. Many couples find the process of going through a divorce inspires them to work on their marriage by fighting harder to make it work. Other couples decide this is the best decision for their family, and they work hard to ensure it’s as smooth and seamless as possible by working together to end their marriage in a manner that’s civil and mutually beneficial. Other couples are filled with anger, upset, and betrayal, and they find their divorce is ugly, painful, and upsetting.
New York Divorce Laws
There is no one reason people in Long Island decide they want to end their marriage. There are some scenarios more commonly cited than others, but there are various reasons you can file for a divorce and proceed in a court of law. The most common type of divorce in New York is the no-fault divorce. This means you file for divorce on the grounds that neither you nor your spouse is responsible for the end of this union. However, there are other reasons people choose to end their marriages in New York.
– Cruel and inhuman treatment
– Abandonment by one year or more
– Confinement in prison of more than three years
– Separation of more than one year
– Irreconcilable differences
It’s irreconcilable differences most people cite as their no-fault divorce reason in New York. The reason you want to end your marriage is personal, but it must be discussed in a court of law.
Filling for Divorce
It’s possible to file for divorce without the assistance of a divorce attorney, but it’s not something anyone recommends. It’s possible to get the paperwork, fill it out, and submit it to your local Clerk of Court. Your spouse is then notified by receiving a divorce decree from a process server that you’ve filed for divorce. Your spouse has only a certain number of days to respond to the divorce paperwork you submitted outlining what you’d like to have in terms of your debts and assets, the kids, and even child and spousal support.
If your spouse fails to respond within the allotted time frame, a hearing is scheduled and it’s assumed your spouse is fine with the terms outlined in your paperwork. If your spouse responds with demands of his or her own, there will be mediation. Mediation is the meeting of both partners with a third party to discuss differences in the division of debts and assets, the kids, and more. If you can agree on things while in mediation, the process is simpler. If you cannot and one or both of you continue to contest the terms of your divorce, the process takes longer.
An Attorney Can Help
Call a Long Island Divorce attorney for help filing for divorce. An attorney with ample experience working with divorces cases knows how to make the process work faster, how to find hidden assets and income your spouse might be keeping from you, and they can help you navigate this difficult time in your life. You deserve a chance to live the rest of your life as comfortably as possible, and a fair divorce is the best way to start.
Call an attorney to discuss your impending divorce and to find out how allowing a professional to help you can benefit you significantly. Don’t assume you can do this on your own without the assistance of someone who knows the law and how it works. Help is good when it comes to the end of your marriage.