Divorce comes in many forms, and no one can predict how easy or complicated their divorce might be. That’s the running theme of divorce. You can’t predict anything about divorce. You didn’t predict this would end up being your future when you got married. You can’t predict if it’s something your spouse is willing to go with or if it’s something he or she will fight. You don’t know if it will be an ugly divorce or one that goes uncontested.
An uncontested divorce is ideal. It’s the kind of divorce you go through in which you both agree on everything from your child custody to your alimony, and there is no argument about either. This doesn’t mean you both walk into the divorce with an agreement already in place, but it also doesn’t mean you can’t do just that. You might agree ahead of time if you’re civil, or you might come to an agreement during a mediation hearing with the court. Either way, this is the type of divorce that makes the situation much easier.
Divorce in New York
Divorce in New York is not any different than divorce anywhere else. You must file the appropriate paperwork. You must file a motion for what you want out of the divorce, and your spouse is then served paperwork via a process server. Once the divorce paperwork is served, your spouse has so many days to issue a response to the paperwork. This response might agree to the terms you outline, disagree with them, or your spouse might not even bother with a response at all.
Depending on if or how your spouse responds, you either go into a mediation situation or you are taken right to court to process the divorce as it is. You can hire an attorney for this or you can go ahead and handle the situation on your own. However, there is something to be said for hiring an attorney even if you are dealing with a simple divorce case in which all goes uncontested.
When can I get a divorce in New York?
You can get a divorce anytime you want providing you have a valid reason to end your marriage. Don’t worry if you simply want to be single again or want to be with someone else more than your spouse. Every reason falls into at least acceptable divorce category in New York
– Your spouse abandoned you one year ago or longer
– Your spouse has been incarcerated for at least three years of your marriage
– Your spouse is treating you with cruelty or inhuman behavior
– Your spouse cheated on you
– Your spouse has been living elsewhere for a year or more due to separation
– You are experiencing irreconcilable differences
If you have a reason other than abuse or adultery, you typically cite irreconcilable differences. This is perfectly legal so long as your marriage has been in trouble for six months or longer without any chance of fixing it.
Hire an Attorney
If you want to get a divorce, and experienced divorce attorney can help you get through this process with ease. An experienced divorce attorney can help you figure out how to approach the situation, how to focus on getting what you want, and your attorney can read any divorce decrees with a legal eye. This helps you learn how specific terminology might look beneficial to you but really isn’t. Don’t let yourself end up in a bad place due to your divorce. It’s time to hire an attorney.