Most couples enter a marriage without the thought of divorce. Once they realize that this might be the best option for the both of them, they find that they are not familiar with the process. It is important to stay informed about the process involved in order to make the process easier, less overwhelming, and to keep yourself protected.
The process is different for every couple and will result differently depending if you have children, debt to divide, little to no property, the length of marriage, as well as other factors. There are several factors that could prolong the divorce, for example, if one partner is blind-sided by receiving the papers. This individual may do whatever they can to prolong the process. If a couple can't come to terms, this will also prolong the process.
The first step in the process of divorce is to file a petition. Even if both individuals involved want to get a divorce, someone will have to file the petition with court. This will also state the grounds of divorce. The state of New York is a no-fault state.
If one spouse is financially dependent on the other or will have custody of the children, then they will need to ask the court for temporary orders for support and custody. The other spouse will help them pay the bills for a certain period of time. This should be requested as soon as possible.
Whichever party files for divorce, they will also need to file proof of service of process. This shows that a copy of the document was given to the other party involved. The individual that receives this copy will need to file a response to the petition.
The parties involved are going to need to negotiate the separation and settlement. The court may schedule a conference to help the parties involved come to a final decision. If the parties involved struggle to come to a decision, the court will help make the decisions for them. This will be decided at a trial. This process will usually prolong the divorce and can be costly. It is recommended to try to work things out with your partner to avoid this.
The order of dissolution ends the marriage and spells out how the property and debt is divided, as well as custody, support, and many other issues. If you are going through a divorce, then it is definitely recommend to talk to an attorney throughout the entire process. An attorney will answer any of your questions, explain the process in more detail, and help make it as smooth as possible.
Contact Palacios Law Group today if you are in need of a lawyer!