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Divorce in Great Neck, NY
Divorce cases can be very complicated and you should meet with a lawyer prior to filing a case. Even if you are filing for an uncontested divorce you should consult a lawyer before filing. Remember, a marriage does not legally end until a Judge signs the Judgment of Divorce.
Divorces can be Uncontested or Contested.
An uncontested divorce is one where the spouse (the husband or wife) does not argue with any aspect of the divorce. In some cases, the two spouses have a settlement agreement with the details of what was worked out. If the spouse does not agree to the divorce, the divorce is a contested divorce. The spouse could disagree with how the property will be divided, child custody, or even the divorce itself. These kind of divorce cases can be very complicated so make sure you consult with an experienced lawyer before filing for a divorce.
Before a Judge will sign the Judgment, all financial and parenting issues must be worked out.
If you have financial or parenting issues to work out with your spouse, Alternate Dispute Resolution (ADR) may be a way to do it. ADR refers to a variety of processes where the two side work together to find a solution. ADR takes place out of court and can help you save time and money and is less stressful that traditional court proceedings. There are different kinds of ADR processes. ADR may not be an option for you if there is a history or fear of domestic violence or abuse.
You must meet the residency requirement and have a legally acceptable reason to get divorced in New York State.
In New York, there are residency requirements that shows that you or your spouse have lived in New York State for a certain amount of time. You must also prove that you have grounds, a legally acceptable reason, to get divorced.
You must know where your spouse is.
New York State requires that the court papers for the divorce are personally delivered to the Defendant, your husband or wife. If you don't know where your spouse is, some type of alternative service must be accomplished. Divorce cases can be very complicated and you should meet with a lawyer prior to filing a case. Even if you are filing for an uncontested divorce you should consult a lawyer before filing.