If your spouse chooses to contest the divorce, they will then retain
an attorney and file an answer. At this point, the parties can begin
negotiating a settlement, if one is possible. In addition, this may be
the time to ask the court for financial help if your spouse has left you
without the means to support yourself or your children. This request
for help while the divorce is pending, is called pendente lite or interim relief. For stay-at-home moms, this can be a powerful tool that allows them to get out of a bad situation with the aid of the courts. These temporary relief can be a life savor for a mother and her children and should be one of the first thing such a woman discussed with here divorce or family attorney.
If no settlement is reached, the divorce moves into the next stage, called the discovery stage, where both parties exchange information. This is the stage where both of you must submit information to the court regarding your net worth and also the stage where you can ask your spouse questions that they must reply to in writing, called interrogatories. At this time you can request copies of any documents you think will help you to establish your case and also conduct depositions where you we call your spouse in to answer any questions we may have.
The good news is that by the time the discovery stage is over, most divorces will settle. However, if at the end of this stage a settlement is not reached, the divorce moves into the trial stage. During this stage, we take all the evidence we have collected up until this point, call any witnesses we may have and make our case to the judge as to why you are entitled to the relief you seek.
Contested divorces are lengthy and expensive. For many clients, they are not the right solution and there are many alternatives to this drawn out process that may be better for your situation. In some case, however, this is the only route available. No matter which direction your divorce takes you, our firm can offer you the right representation. If you are thinking about getting a divorce, or dealing with a contested divorce and need this type of assertive, zealous representation, call our firm today.
Divorce Lawyer fees in NY can get complicated so make sure to speak to your legal adviser about a payment plan that will be right for you.
Did you know that choosing an inexperienced attorney can really hurt you? If the 2 parties cannot settle and the case is dragged into court then you will need a really experienced professional if you plan on winning the case. One of the things we recommend is using a 3rd party verified review site so that you can make sure the attorney you choose has been around the block. If the firm has never seen a court room, rest assure you will have a problem. Avvo, a divorce law review site is one of the most recognized names in the legal field. We highly recommend taking a look on that site before choosing someone to represent you. Another elite legal site that you can browse on for highly qualified legal consultants is Lawyers.com, a site that almost everyone has probably already heard of.
Common Questions Regarding Divorce Law
In most states, filing for divorce does not require any justification. Divorce law is different in each state and this is what makes it difficult for most people. Almost all divorces are incredibly stressful and emotional nightmares with complex legal issues thrown in the mix. This makes questions pertaining to divorce law a very common search term online. The list below are some examples of the most frequently asked questions regarding divorce law.
Are lawyers necessary to file a divorce?
So long as both parties mutually agree to the divorce, a lawyer may not be necessary. But most divorces are usually the result of disagreements, misunderstandings, and resentment. This is often because the aspects and implications of divorce were not addressed beforehand. Having a lawyer available will make sure you address as many of these issues as you can. It’s also worth noting that divorce law is different in each state so having a lawyer on your side on the outset can be a good move. In any case, divorces usually go into a settlement legal process that require serious legal help. In the event the dispute cannot be settled out of court the parties will have to battle it out in court. When it gets to that point the attorney one chose will make all the difference in the world.
Can a no-fault divorce be contested by a spouse before it goes to court?
"No-fault" break-ups can only be applied for if both partners are in complete mutual agreement. It serves as legal grounds for a divorce in the state of NY. Majority of states do need ask for a grounds for divorce if this is the case. Whenever divorce applications are filed, be it a no-fault divorce or not, either parties can contest it before the final divorce decree is signed and finalized. If a couple wants to get divorced like Kings & Queens, "No-fault" is the way to go.
What happens if a respondent violates a court ordered divorce decree?
You now have the option to file a petition for contempt of court. This would need to be filed in court within the state where the divorce was granted. The legal response and your options on the violating respondent will depend on how severe the violation was.
How does filing for international divorce work?
Divorce can be filed regardless of the location of your spouse just as long as you are a resident of the state you file a divorce in. The moment you file for divorce, a summons will need to be served on your spouse. You will need the help of a lawyer to proceed if you do not know the current location of your spouse. Your lawyer will give you your available options in cases like these.
Do I need to file for divorce within the same state I made a prenuptial agreement in?
You must file for divorce within the state you currently live in. The stipulations are different in all states regarding how long you should be a resident before being able to file for divorce. Courts in majority of states will recognize a legal prenuptial agreements made in other states so long as it is not in conflict with the laws within the state.
Divorce laws are intimidating and can discourage all kinds of people. You need someone well informed and experienced about the divorce law within your state. Experiences can vary from all people from simple and direct to traumatic and drawn-out. Planning a divorce can be quite difficult so make sure you get a lawyer to protect your best interests and minimize damages.