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Absolute Divorce Versus Limited Divorce: Legal Lowdown

Well, its finally happened. After a lot of tears you have reached the point where no matter what you try there is no way to recover your marriage, no matter who’s fault it is. Luckily there are options.

Some states have differing views on divorce law and they usually differ from the federal laws.

Here are some of the different types of divorce that you can file for.

 

Absolute divorce

An absolute divorce is a marriage that has been terminated due to marital misconduct or a crime has been committed causing the marriage to no longer be viable. Usually in a case such as this, once the divorce has been processed the parties involved are considered legally single.

 

Limited divorce

Another type of divorce would be a “Limited Divorce” that in itself is normally accompanied by a decree of separation. With a limited divorce is, in the eyes of the law, you are still legally a married couple even though your cohabitation has been terminated.

 

One thing to keep in mind is the fact that divorce decrees can be contested/appealed with a BAR certified divorce attorney. In these cases, the parties involved will usually have issues that the courts will need to resolve. One of the main reasons for a contested divorce is child custody, shared properties, or even monetary accounts or bonds.

 

In regards to child custody, that is something that is usually left to the decision of the parents unless the courts feel that they must intervene for the psychological and physical well being of the child. In such cases one of the parents may have restrictions and or requirements put in place before they are allowed access to the child.

 

Another thing to remember is alimony. In most cases the courts are going to review both parties and will look at things such as their net worth. This includes income, property, etc, and may require child support and or living assistance payments — alimony.

 

The United States has seen an exponential influx of divorce cases, which has also seen a large increase in divorce lawyers. This can be helpful as it allows you to “shop around to find the right one for you. The influx itself may be due to a recent change found in divorce laws that allow for “no fault” divorces, and allow a divorce for “other” reasons. Either way, you are guaranteed to find numerous lawyers in your state. Just be sure to research the lawyer before you choose them to ensure they have passed the bar.

 

Last piece of advice, if you can, try to settle a divorce without having to resort to going to court. Most divorces can be settled in such manner, saving both parties undue stress, emotional pain, and financial loss. If both parties are able to agree to the terms of the divorce and sign the agreement then it allows them to avoid a courtroom and can usually fast track the divorce.

 

One of the biggest things to remember is when you’re meeting with the judge to process the divorce, be honest and don’t try to hide anything. They will take that into account.

Contested Divorce 101: Legal FAQ

divorce law cartoon in NY If you are married couple that realizes that both you and your spouse want to end the marriage, a divorce is the only way to legally make it happen. There are various requirements to comply with and steps to follow when filing a divorce depending on your state or country laws.

What is an uncontested divorce?

When the spouses have agreed to end their marriage as well as the various issues that go with the divorce, then the divorce is considered an ‘uncontested divorce’. In this type of divorce, the couple comes to an agreement on the divorce issues and are willing to meet halfway in terms of the division of their marital properties, debts, custody of their children, and payment of child and/or spousal support is discussed and settled.

What is a contested divorce?

Unfortunately there are instances where the couple does not agree on one or all of the issues of their divorce. When this happens, a lengthy, more expensive, and stressful process of filing a ‘contested divorce’ follows.

When both spouses disagree on how to divide their properties, finances, debts, and custody rights of the children and matters regarding child/spousal support, then they need to file a contested divorce. When the matter is brought to the higher court, the judge decides on these matters until a conclusion is reached.

While a contested divorce means that spouses have disagreements regarding divorce issues, many times the couple can agree before they taking things to court.

Filing a divorce

The first procedure in getting a divorce is to try to work things out without the need to take things to court. Sometimes, when spouses do not agree on their terms, they use mediation and arbitration to settle their concerns with the help of their attorneys. This saves time and stress brought about by lengthy court procedures. Couples get to reduce each other’s hostility and both parties can focus on their lives.

Issues in contested divorce

In a divorce where couples are in dispute with some issues, everybody will need to set aside time to prepare for lengthy divorce proceedings. These always involve more stress on the couple as well as the children. In addition, the longer it takes, the higher the legal fees incurred.

Among the common issues in contested divorce are complex problems between the spouses and the situation, high financial stakes, and the need to go through technical legal procedures.

An uncontested divorce can proceed without an attorney but a contested divorce may prove the necessity of a litigation with the help of lawyers. When there are difficult financial issues and one spouse starts to hire an attorney to represent themselves, then the other spouse must have an attorney also. If no settlement can be made between the two parties, then everybody goes to the court.

What you can expect

1. Complex issues

This involves issues pertaining to the spouses’ preferences in the custody, financial issues, and other issues presenting problems. Often times these complex issues are the personal issues between the couple, and other problems that hinder the couple to reach a consensus on financial matters such as debts, conjugal properties, custody, and support.

2. High financial stakes

There are much more expenses involved when couples file a contested divorce since the couple needs to go through the whole process of the divorce proceedings. The longer it takes for them to agree, the higher the expenses that will be incurred due to attorney’s fees, court expenses, documents needed, and other related matters.

3. Technical legal procedures

There are numerous steps that need to be followed when filing a contested divorce. Get to know these steps below to better grasp the complexity of this type of divorce.

Hire an attorney.
File and deliver the divorce petition that includes the legal documents that states the grounds for the marriage breakdown.
The other spouse responds to the petition.
If you skipped hiring an attorney and got this far, you absolutely need an attorney to proceed.
The information gathering process follows where legal procedures to collect information from your spouse and other people are taken.
The pre-trial legal motions as well as hearings are conducted.
Lawyers submit proposals for settlement and negotiations.
If the settlement is not successful, they prepare for court.
Go through the court trial process and complete it.
If you still contest the trial judge’s decisions, file an appeal.

During the settlement phase, some couples can reach an agreement with the help of their lawyers. Everybody tries to help the couple agree on things for a smoother flow of the divorce process. However, if they still do not come to an agreement during that stage, then there is no other way but to take things to court.

Basic goal of the court

During the trial the couple and their witnesses are present. The lawyers from each camp cross-examine and question the witnesses on stand and afterwards, present their closing arguments. When the trial is completed, the court issues the final order and decides upon the issues and finalizes the divorce. This can take a very long time.

Contested divorces are complicated and it is recommended that couples try to open each other’s minds to agree on a win-win situation.

How a good lawyer can help

An experienced divorce lawyer can also help in the negotiation process as well as the technicalities that go with a contested divorce if the couple cannot agree with each other’s terms. When you get yourself into this kind of predicament, find a good lawyer that has a proven record of experience in this area as they are knowledgeable and experienced in the various details to be considered in a contested divorce.
Expertise can greatly help you fix the issues that go with your divorce. You can find experienced divorce lawyers online as well as those recommended by people who you already know. Talk to as many as you need to until you find one you are comfortable working with for some time.

Divorce Law documents NYC

Getting Divorced In NY- Basic Laws

In New York, when a marriage is legally terminated, there are two terms that refer to one and the same meaning: ‘Divorce’ and ‘Dissolution of Marriage.’ If you are among those planning and deciding to legally end your marriage, there are procedures that you need to undergo before you are given the ‘Divorced’ status.

 

Couples obtain a judicial decree through a court judgment. The judicial decree declares the dissolution of marriage and when it has been legally finalized. Couples are free to marry again but with some restrictions depending on some jurisdictions.

 

The divorce process may need to address some matters depending on the couple. Such as circumstances where both own properties and if they have any children are subject to the provisions to be made.  There may be division of properties and bills and at the same time, alimony, child custody, child support, spousal support, child visitation rights, and other relevant matters that need to be resolved.

 

At the start of the divorce, if the couple comes to an agreement on relevant issues they can have an uncontested divorce that lets them proceed with the succeeding steps in the divorce process unhampered. Uncontested divorces are much easier and faster and you may not need legal counsel.

 

Other couples do reach an agreement so soon with regards to the issues and the termination of their marriage. This is a contested divorce and these types of divorce are typically complicated and drawn out procedures. Legal counsel becomes necessary, with judicial intervention, in order to conclude the divorce procedures and and to work out terms agreeable to both parties.

 

Each state of the US may have its own codes, laws, and rules in handling marriage termination but there are common laws in all the states. There is hardly any uniformity and the divorce law and procedures in every state varies.

 

Though divorce law basics may sound simple enough, there are a few minimum requirements to get the divorce.

 

  • You must reside in your state for a specific period of time. While other states don’t require residency, a quick divorce may not be possible in some states.

 

  • The divorce must be filed in the state where you live and not where you and your spouse got married.

 

  • While other states are not that particular on this, some states require that both spouses have lived apart from each other for a certain period of time before they can file for divorce. Theory behind this is to ensure that both spouses are decided to live in separate ways. Make sure to ask your local attorney about the contested and uncontested divorce policies in your area.

These are just the basic divorce laws but it is always best to consult a divorce lawyer before filing your case to make it easier for you. Different states have different divorce laws and regulations. Make sure to get a divorce lawyer you can talk with freely so that they can more easily assist you with successfully filing for divorce and working out agreeable terms to expedite the procedure.

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com

divorce rings photo

Divorce Documents Checklist: Prepare These For Your Attorney

If you are getting ready to file for divorce, or are thinking about filing, there are a few things you can do to make the process smoother. Here are ten things you can do to help prepare for your divorce settlement negotiations:

1. Organize your finances. Getting to know and understand what you own, either individually or jointly, can help make the process of settlement easier and can give your attorney a chance to counsel you on the right path. Collecting the following documents could be helpful:

  • Tax Returns
  • Bank Statements, Investment statements
  • IRA and other retirement documents
  • Insurance policies
  • Real estate documents or leases
  • Trust documents
  • Records related to credit card debt
  • Vital records like Birth & marriage certificates and any pre or postnuptial agreements

2. Open a credit card, checking and savings accounts under your own name. Arrange for your salary to be deposited into your new account.

3. Establish a joint account for interim family expenses. 4. Hire a good attorney. Your divorce attorney can play a vital role in your future and that of your children. Choose wisely.

5. Evaluate your income and your budget after the divorce. 6. Determine the educational and other needs of your children and use the child support worksheet to figure out how much child support you may be entitled to.

http://www.nyc.gov/html/hra/html/directory/child_support_calculator.shtml

7. Determine if you are eligible for alimony. http://www.nycourts.gov/divorce/calculator.pdf

8. Figure out how to keep/get health insurance for yourself and your children if you get divorced. 9. Get a handle on your retirement accounts and those of your spouse. Your attorney can help with this. 10. Take a deep breath and relax. Divorce does not have to be a nasty process. A good matrimonial attorney can fight for what you deserve and remember to cooperate when it will result in a better outcome.

You may also enjoy reading about:

4 Tips For Finding The Right Divorce & Family Lawyer

Requesting Alimony After A Divorce: Your Legal Right

Child Support Enforcement Laws: Your Legal Rights

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com

Aronov Esq Contested Divorce Lawyer 1174 Coney Island Ave, Brooklyn, NY 11230 (718) 206-1014

divorce laws in NY

NY Law Requires “Grounds” For A Divorce

In the State of New York, a divorce is granted for a reason. You cannot “just get divorced.” This is because the state believes in the institution of marriage and believes that it should not be entered into, or gotten out of, lightly. For this reason, you must plead and prove something called grounds for your divorce. New York allows divorce based on seven different grounds, all of which are listed below. All of these grounds, except the last one, require proof. This means that you cannot just say that your spouse was engaged in adultery or that they abandoned you, you need to prove it. This is also why, since the last ground was introduced in July of 2011, it has become the most popular, because it does not require any proof.

  • Cruel and inhuman treatment: “Cruel and inhuman treatment” by your spouse. This means that your physical or mental health is in danger if you continue living together. There are many behaviors that are considered cruel and inhuman. If the abuse occurred more than 5 years ago, you cannot divorce for this reason if your spouse objects.
  • Abandonment: Your spouse “abandons” you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return.
  • Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason.
  • Adultery: Your spouse engages in sexual relations with another person during the marriage. However, you cannot use this ground if you forgive your spouse by having sexual relations with them after you discover the adultery, or commit adultery yourself. You also cannot divorce because of adultery if it has been more than 5 years since you discovered the adultery. To obtain a divorce on this ground, you must have testimony from another person besides you and your spouse or have other evidence that proves the adultery.
  • Judgment of Separation: You and your spouse have not lived together because of a “Decree of Separation” or “Judgment of Separation”, given by the Court, for at least one year. You must obey all the conditions of the decree or judgment. It is unusual to have a Judgment of Separation because it requires similar proof to that which is needed to get a divorce. Most people skip the Judgment and go directly to divorce.
  • Separation Agreement: You and your spouse have not lived together because of a written “Agreement of Separation” for at least one year. Both you and your spouse must sign this agreement before a notary. You must obey all the conditions of the agreement.
  • Irretrievable Breakdown (also known as “No-Fault” divorce: The relationship between you and your spouse has broken down irretrievably for at least six months. If you filed before October 12, 2010, you can not use this new reason. Also, you can only obtain a divorce based on these grounds after property, custody, visitation, spousal support, and child support have been settled or decided.

4 Tips For Finding The Right Divorce & Family Lawyer

Couples from all over divorce each other for all kinds of reasons. The most common causes for divorce includes, domestic violence, disagreement on parenting style, or plain incompatibility. No matter what your reason is, divorce is a difficult and stressful thing that can drain out your finances quickly if you draw it out longer. The importance of finding a good divorce lawyer to take your case and represent your interests cannot be undermined.

A reliable and experienced divorce lawyer knows all the steps and methods of guiding you through the mess of legal technicalities all while ensuring your rights are kept safe. Written below are 4 tips you should keep in mind when looking for a divorce lawyer to work with.

  1. Don’t be fooled by large, attention-grabbing advertisements.

There is no shortage of divorce lawyers. They are many of them and a big chunk of them advertise their services very aggressively. You are better off asking your family or people you know for recommendations rather than looking through flashy ads.

Keep in mind that there is no cookie-cutter approach to a divorce case. Each one is different and you want a flexible divorce lawyer with in-depth knowledge and is capable of bringing about good arguments of the circumstances on your behalf. Which brings us to the next tip…

  1. Find a divorce lawyer who has experienced a case similar to yours.

After going through the basic details of your case, ask your potential lawyer if they have handled a case similar to yours before. Ask how that turned out and how they plan on handling yours. If the lawyer you found is part of a law firm that specializes in family and divorce law, you can be sure of their expertise in the field.

  1. Communication and compromise

Going through a divorce is expensive and difficult. No arguing with that. To make it easier and lighter on your pockets, your divorce lawyer will likely ask you to come to an agreement on several things with your current spouse. This means having to do a lot of communicating between you, your spouse, your lawyer, and your spouse’s lawyer to come compromise on everything.

This highlights the importance of working with a divorce lawyer you can get along with. It will change everything.

  1. Bring up all of your concerns on the first meeting

Take some time off to properly ponder on and list down everything that concerns you and your divorce. Some commonly overlooked issues involve, retirement funds, investments in your name, debts, properties, etc.

The most impacting part of the divorce is how it affects your children, especially if they are young. Most reliable divorce lawyers have experience in child custody and child support cases so this is not much of a concern.

Lots of things can influence how a divorce case plays out. You’ll want to make sure you come of it in the best way possible so you can concentrate on moving forward with your life once again. As most divorce & family lawyers are aware of, a divorce is a significant and life-changing event but it can also give you a new start giving you new insight and experience.

Contested Divorce Lawyers wedding ring image in NYC

Invest Time Into Finding A Good Divorce Attorney

Should you ever find yourself needing a divorce lawyer remember to keep a cool head and pick the best legal representation you can find. No two matrimonial break-ups are similar so you must make sure to hire someone that understands your needs and has experience in cases similar to yours.The importance of finding someone that you can effectively communicate your feelings and instructions to will make all the difference in your case. So how do you find a such a lawyer? You can try asking for recommendations from people you know or maybe check out the internet. You shouldn’t place too much importance on recommendations from other people though, what is more important is that you see eye-to-eye with your chosen legal representative.

If you find yourself stuck in the search try looking for a list of matrimonial attorneys in your area and visiting at least 3 of them. This gives you different options and you’ll have more basis for comparison. It wouldn’t be a bad idea to bring a trusted friend with you when first meeting the potential candidate so you can get a different as well as an impartial opinion on them.

Because of the nature of their work, divorce lawyers are almost always experts in family law as well. This is an aspect of the legal system that strongly affects families futures, and the current state of mind of each family member. It would be very helpful if your chosen representative is also experienced in this aspect of the law.

Due to the delicate nature of divorces, it is recommended not to make any major decisions or do anything that may possibly influence your legal rights. Consult a lawyer for those kinds of things to make sure you don’t hurt your case by accident. You’ll need to meet them so you can interview each other and see if you are comfortable with each other.

A few other questions to prepare to ask.

  • Can I see your references?
  • How will we stay in touch?
  • How much will I pay in fees?
  • How did you resolve a similar case to mine?

Make sure you also familiarize yourself with the laws in your state. Divorce laws are different in every state. Whether the break-up is contested or uncontested by the involved parties will also make a big difference. Ask your lawyer about child custody, the inclusion of your property, and the laws in your state. Also, get your lawyer’s opinion and views on litigation and resolution.

There are various other reasons you need to make sure the representative you hire will have your best interests at heart but most importantly, you don’t get taken advantage of. Lots of people lose more than they should in lengthy contested divorce trials so in order to keep everything fair for you and the other party, it would really be worth it if you took the time to find a good potential divorce lawyer and sit down to talk to him or her to see if you see eye to eye.

Aronov Esq Contested Divorce Lawyer 88-02 136th St, Jamaica, NY 11418 (718) 206-2050 http://divorcelawyernys.com