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Divorce Lawyer

Brooklyn Divorce Lawyers

Divorce and family law cause more anguish, suffering, and misery than any other area of the law. But that doesn’t imply you have to work on this by yourself. The Louis Law Firm, PLLC, Brooklyn divorce attorneys are here to support you during this difficult time in your life.

For a lot of couples in Brooklyn, divorce is an inevitable prospect. It could make sense to file for divorce if your marriage is no longer able to function harmoniously.

For a free and risk-free initial consultation, contact our knowledgeable Brooklyn divorce attorneys to begin your path to resolution. A divorce judge issues a decree at the conclusion of the process, which begins with the filing of a divorce petition at the Brooklyn divorce court. But the actual difficulty lies in navigating the complex procedures between the petition and the decree, which emphasizes how important it is to have an experienced divorce lawyer guide you through this difficult stage.

What the process of divorce entails

The state of New York carefully outlines the requirements and procedure for filing for divorce, highlighting its formal character. Divorces are classified into two categories under this framework: disputed and uncontested, each with its own set of requirements and processes.

As long as one partner wants a divorce, it is possible. Terms including property distribution and the possibility of one spouse paying the other spousal maintenance can be negotiated and established throughout the divorce process.

In the context of divorce, disputed divorces occur when one or both spouses object to the proposed terms and conditions or the divorce itself. For example, a disputed divorce may result from disagreements about the partition of property and the failure to achieve a settlement.

The state outlines four grounds for divorce under Dom 170, which are as follows:

Adultery: Infidelity committed by one spouse.

Cruelty: When one partner treats the other cruelly, either mentally or physically.

Abandonment: Divorce is triggered by leaving a marriage, regardless of whether it was a physical or sexual affair.

Divorce: A couple that has lived apart and signed a separation agreement for a minimum of a year may petition for divorce.

The respondent in a divorce case is required to reply to the divorce request following the filing of the petition. It is now imperative that you retain the services of a private Brooklyn divorce attorney.

The divorce case is set for trial once the respondent files an answer with the court. On the other hand, a trial is only required if the parties are unable to agree upon the conditions of the divorce and need the court to make decisions on their behalf.

There is no requirement for allegations of misconduct against either spouse in uncontested divorces. Mutual consent between the parties ends the marriage, and the details of the divorce are agreed upon without dispute. Uncontested divorces are usually easier to handle because no one is accused of being at fault. This procedure goes much more smoothly when both couples work together to finalize the conditions of the divorce

Differences between Contested and Uncontested Divorces

There are important differences between contentious and uncontested divorces in the context of divorce proceedings. When one spouse objects to the divorce or contests the legal basis for it, coupled with other concerns like child custody, money, and other matters, a disputed divorce results. On the other hand, in an uncontested divorce, the parties can manage the proceedings jointly by making use of the uncontested divorce software offered by the court.

In some divorce situations, one side may decide to hire legal counsel while the other decides to handle their own legal representation. In most cases, the spouse who has legal counsel has a higher probability of winning the lawsuit. Considering the importance of issues like child custody and spousal maintenance, you should definitely get legal counsel from a divorce attorney. Your chances of reaching a good divorce settlement agreement are increased when you hire a skilled Brooklyn divorce lawyer.

Differences between Contested and Uncontested Divorces

BROOKLYN DIVORCE ATTORNEY FAQ

Sometimes divorces proceed amicably, enabling both parties to end their partnership amicably. In other situations, though, the procedure is anything but easy. In particular, child custody disputes can become complex and require a great deal of negotiating. Before filing for divorce, each parent should consider how they would like their future family structure to turn out. Custody is one of the most often asked questions by parents. Sole custody, primary custody, and shared custody are the three general categories of custody.

When a child is under sole custody, just one parent is granted custody of them.

One parent is designated as having primary custody when it comes to the child’s upbringing.

Making decisions for the child jointly means that both parents share decision-making authority.

Usually, custody agreements are decided upon during the divorce process as opposed to beforehand. But, it might be necessary to appear in court and speak with a judge if there are worries about marital or child abuse. In these kinds of situations, the judge may grant one spouse complete custody rights while the divorce is pending.

Choosing to go through with a legal separation rather than a divorce has various benefits. When pursuing a legal separation instead of a divorce would be more advantageous, our Brooklyn divorce attorneys can provide advise on this matter. When you feel the need to separate for your own mental health but are still in a marriage, it is generally a wise decision to pursue legal separation.

Legal separation and divorce differ greatly from one another. Divorce is a major decision that has to be carefully considered before ending a marriage. On the other hand, couples who no longer want to live together but still have faith in their marriage might choose to legally separate. Legal separation does not need permission from the court, in contrast to divorce. Rather, it entails the drafting of a legally binding agreement, which our Brooklyn divorce lawyers can help with. A separation agreement allows a couple to specify living arrangements apart, allocate finances, plan visits and custody of their children, and much more. It’s crucial to understand that a legal separation does not end a marriage, and that partners cannot get married again until their first marriage is properly dissolved.

Married couples frequently go through difficult times that seem insurmountable. It can be advantageous in these circumstances to seek the advice of a Brooklyn legal separation attorney.

It can be difficult to estimate how much retaining a Brooklyn divorce attorney will cost. Depending on a number of variables, divorce processes can cost anything from a few thousand to over a hundred thousand dollars. Every situation is different and has its own intricacies. The procedure is probably going to take longer if your spouse is really argumentative. Even though it’s not required of you, it’s wise to move forward with the assistance of an accomplished Brooklyn divorce lawyer. Unless you are an experienced lawyer, managing the divorce all by yourself might be challenging. It can be quite beneficial to have an experienced divorce lawyer on your side to protect your rights and make sure your spouse isn’t taking advantage of you.

Under specific circumstances, you can request an annulment of marriage in New York:

if one spouse’s ex-spouse is still living and the union was never dissolved.

if either or both of the married couples were under the legal age of consent.

if one of the participants suffered from mental illness or retardation.

if none of the participants could consent to a marriage due to physical limitations.

if the marriage’s consent was acquired by deception, coercion, or force.

It is advisable to speak with an attorney if any of the aforementioned factors are causing you to consider annulment.

The reasons you choose to pursue a divorce will determine the timeframe within which you must file for divorce. For example, you have to prove that your husband abandoned you for a minimum of a year if you are suing for divorce on the grounds of abandonment. You must provide evidence that your husband has been incarcerated for a minimum of three years if you plan to use the imprisonment ground for divorce. You must wait at least a year after the date of the written separation agreement or the decree/judgment before filing for divorce in situations where there has been a period of separation before filing for divorce.

One party must affirm under oath that the marriage has been irretrievably broken for a minimum of six months in order for there to be no-fault legislation.

It is not possible to provide an answer to the query of when a divorce case will conclude. Any divorce lawyer in Brooklyn that says otherwise is telling lies. It’s important to have reasonable expectations. If one of the parties decides to drag out the divorce, Brooklyn divorces may be lengthy. Complex human emotions are involved in divorce, which might delay case settlement. In certain cases, it may be required to appear in court. However, depending on the specifics of the divorce, it may be feasible for both parties to come to an agreement without going to court.

We treat you like family when you come to our law offices. We are aware of your circumstances and offer you the support and direction you need. Since New York is a no-fault divorce state, if you and your spouse are ready to work together to dissolve the marriage, getting a divorce in Brooklyn should be rather simple. The time it takes to complete an uncontested divorce is primarily determined by two things: the volume of cases the court has on its plate and the speed at which your spouse initiates the divorce. While some cases can be finished in a few weeks, others might take up to six months. In New York, there is no required waiting period; a divorce can be finalized in as short as three months if both parties consent to it.

Spouses frequently worry about who will relocate out of the marital residence throughout the divorce process. It is common for one party to look for other lodging and leave the house. But when one or both spouses insist on having the principal residence remain theirs, problems may develop. It can be difficult, but not impossible, to achieve the high level of proof needed to force your spouse to leave. In-depth discussion about this issue can be had with our Brooklyn divorce lawyers at your first meeting. We can also evaluate the possibility that your spouse will provide you with adequate interim financial support, particularly if they are the main provider. It’s imperative to speak with an experienced Brooklyn divorce lawyer before taking any important actions.

Married couples have the choice to petition for legal separation if they decide they no longer want to remain together. This procedure include obtaining legal counsel and submitting the required documentation to the court. The couple has one year from the date of the separation agreement to seek for divorce, if they so want. It’s crucial to understand that the separation agreement only indicates that the pair is no longer together in a marital sense; it doesn’t actually complete the divorce.You can get assistance from our Brooklyn divorce lawyers during this process. Should you and your partner decide to make amends and get back together, the separation agreement will be void. You will have to resubmit the separation agreement, though, if you decide to file for divorce or separate again in the future. The pair maintains their legal marriage during the duration of their legal separation. It is essential to comprehend the difference between separation and divorce. In Brooklyn, couples can sign a separation agreement that contains certain terms such…

child support

child visitation

and more

The terms of the separation agreement may eventually become void if you and your spouse decide to get back together and work on your marriage, unless the agreement is renewed. The couple’s departure from the same dwelling is indicated by the separation agreement. Separation agreements are usually mutual, even if one party wants it more than the other. You and your partner are allowed to date other people during this time, but you cannot get married again until the divorce is official.

 

The agreement might not be enforceable in court if one party was forced into it. Furthermore, the agreement may be declared void by the courts if both parties accept its provisions but neglect to abide by them. In conclusion, it’s imperative that you seek the guidance of a Brooklyn divorce lawyer to help you through this process rather than attempting to handle it alone.