The Decision
A divorce is a hard decision despite the circumstances. Many emotions interplay when a divorce is mentioned or commenced like Anger, Disbelief, Relief, Sadness, but most of all Stress. When marriages no longer work, there are many types of divorces you can file, but the most common are Contested and Uncontested.
Contested Divorce
Is the type of divorce in which the spouses cannot reach an agreement on one or more key issues in order to conclusively terminate their marriage. A mediator can help in this case. The court usually can provide you with one.
Uncontested Divorce
When both parties agree to a divorce and all issues have been resolved, this is considered an Uncontested Divorce. Usually, no court appearance is required.
Attorney Involvement
People often ask themselves; do I need an attorney to get a divorce? The short answer is no. If all issues have been decided between you and your spouse, this includes but not limited to; marital property (vehicles, home, furniture, etc), finances (bank accounts, pensions, maintenance -formerly known as alimony), If there are children of the marriage (Under 21) then child support, custody and visitation must have all been addressed, then NO an attorney is not needed.
Parties without an Attorney
This is called Pro-Se, which means to represent yourself in any civil proceedings (whether in court or outside of court).
Grounds
There are seven grounds for divorce in NY STATE. You must select one out of the seven when commencing your divorce.
DRL 170 (1) Cruel and inhuman treatment
DRL 170 (2) Abandonment
DRL 170 (3) Confinement in prison
DRL 170 (4) Adultery
DRL 170 (5) Living apart one year after separation decree or judgment of separation
DRL 170 (6) Living apart one year after execution of a separation agreement
DRL 170 (7) Irretrievable breakdown in relationship
What is Needed?
- Although a copy of your marriage certificate is not necessary, it does help to have. You MUST however know the date and place of marriage.
- Both social security numbers are mandatory from both parties (If applicable)
- You must know where your spouse is. If you do not, please contact us for alternatives.
For more information pertaining to this blog, please contact us. One of our specialists will be more than happy to assist you with your inquiry.
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