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
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.
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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