A divorce attorney can guide clients through the legal proceedings of a divorce. They can help with legal issues pertaining to property division, child custody, alimony, and more. They should be knowledgeable about New York law and have a good understanding of how the court system works. They should also have strong negotiation skills and prioritize mediation. This is important because it can reduce the stress and cost of a divorce.
Divorce can be complex and difficult. It is best to hire a professional as early as possible. This will not only save time, but it can also provide clarity about whether a divorce is really what you want to do.
In most cases, the decision to get a divorce is based on personal and emotional factors. It is often a hard decision, especially for those who have children. An experienced divorce attorney can help you understand the pros and cons of each option, and advise you on what will be best for your circumstances and goals.
The most common reason to file for a divorce in New York is a “relationship breakdown,” which is defined as an irretrievable breakdown of a marriage for six months or more. However, there are several other grounds that may apply. A judge will look at the facts of the case to determine what the proper grounds are for your specific situation.
A good divorce lawyer will help you gather the necessary information and documents to support your case. This includes financial records such as income tax returns, bank statements, investment accounts, and property deeds. In addition, it is important to review and document all assets and debts. Then, a Statement of Net Worth will need to be completed and filed with the Supreme Court. The Defendant (the person being sued for the divorce) must be personally served with these papers. If the Defendant does not live in the same county as the Plaintiff, then another person over 18 years old can serve them.
Once the information is collected, a contested divorce can begin. There will be a wait period before the court will hear your case, and it is often a lengthy process that involves extensive discovery and settlement negotiations. If mediation does not work, the matter will go to trial and a judge will make the final decision.
A reputable New York divorce attorney will assist you with all aspects of the divorce process, from filing the petition to obtaining a final judgment. They should have experience handling both contested and uncontested divorces, and will be knowledgeable about New York law. They will be able to guide you through the different options and help you achieve a fair and balanced settlement. They should also be sensitive to a client’s emotions and goals, while providing an honest assessment of their case. They should also always disclose all information involved in the case, even if it is negative or damaging. Failure to do so can result in a misrepresentation and adverse legal consequences.