Thursday, January 28, 2016

What are the different kinds of divorce?

There are several types of divorces, which includes contested, uncontested, summary mediated, and so forth. Uncontested and summary divorces are one of the best ways to end a marriage. These types of divorces are less time consuming and cost less as well. The spouses usually agree on important issues like sharing children’s custody, property, alimony, child support, and other related issues.

However, when the differences are irreconcilable, then the issues are decided in a court of law, with the assistance from Staten Island, NY divorce lawyers such as Elliot Green.

Summary Divorce

This is one of the simplest forms of divorce that involve less paperwork and can be filed jointly without any legal assistance. To acquire a summary divorce you just have to fill out a few forms and submit them at the local family court.

Here are some conditions for summary divorce:
  • Both spouses must agree to end the marriage
  • The marital relationship must be less than 5 years (Britney Spears knows all about this)
  • You must not have any joint properties or debt
  • Must not have kids
Uncontested Divorce

An uncontested divorce is where both spouses agree on all the major issues of property division and child custody through discussion. Your legal counselor will then draft the divorce settlement agreement and get a court validation. You are not needed to appear before the judge, say Staten Island, New York divorce attorneys and Elliot Green is one of the best in the business.

Default Divorce

If you have filed a divorce petition but your spouse is absent from court proceedings and other legal procedures, you will be granted a default divorce.

Fault and No Fault Divorce

Years ago, in order to get a divorce, a spouse had to prove that it was the fault of the other partner that led to the breakdown of their relationship. However, this law has become obsolete and the no fault laws applied across all states mandates that couples only need to state ‘irreconcilable differences’ as the cause of an ‘irremediable breakdown’ of the marriage and this makes Staten Island, NY divorce lawyers needed more and jobs much easier. One of the best divorce lawyers in these neck of the woods is Elliot Green. If you want someone with integrity who knows this legal realm it is her and her law firm.

Some people believe that no should be married unless they take a pre-marriage class but that is hard to enforce. Should the government bureaucrat ask some tough questions to the couple before they are married to make sure they have gone over this? Should the sticker price to be married be more expensive to curtail the rate of rushed marriages? There are many issues to be asked here to help mitigate the rate of divorces in New York and beyond.   

Mediated Divorce

If a couple is unable to come to an agreement concerning major issues then a mediator is appointed to help communicate and understand each other’s point of views on particular issues. The mediator will not make decisions on your behalf. The final decision can only be made by you and your partner.

Not all marriages last. And Elliot Green knows all about this. If your marriage is unwinding you need a Staten Island, New York divorce lawyer because if you believe you are unhappy now, if you lose to other side because they were prepared and you were not, you will have a knot in your stomach for years to come. Go right here to make this situation right: http://elliotgreenlaw.com/. Like dealing with AA, you have to take the first step.   
Collaborative Divorce

This is actually a team effort involving the spouses and their legal representatives. You divulge all the relevant information that can come handy in a divorce negotiation. The settlement is decided through meetings that are held between the spouses and their respective legal counselors where both parties reach an agreement.

Arbitration

You and your husband appoint a judge as an arbitrator who will hear all the important aspects of your case and deliver a solution that will be accepted by both parties.

Contested Divorce

If you and your spouse have major differences on division of property and debt as well as child custody then a contested divorce can be filed by a Staten Island, NY divorce lawyer to solve the issues through a court order. This is a lengthy, tiresome, and expensive process but is a necessary evil when no other option seems viable and divorce lawyers like the fictional character and divorce lawyer Harry Rex love it and have no problem engaging in this type of war of attrition. Elliot Green is willing to go to battle for you, no worries there. Before going to trial you can be asked to try to resolve the issues through settlement negotiations and hearings. If these fail, a trial is inevitable.

Divorce of Same-sex Couples

A same sex couple who are married or are domestic partners can follow the same procedures that are applied to regular couples in terms of obtaining a divorce.

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