Do I Need an Attorney to Get a Divorce?
July 14, 2022
For many, divorce is one of the most stressful and unpleasant times in their lives. For others, it’s simply a confusing and inconvenient hurdle to get through. Whichever situation applies to you, you probably want to get things moving along as quickly and as smoothly as possible after making the decision to end your marriage. Even though it might seem like a wise course of action to file for divorce without a lawyer in order to save money, it won’t be as quick or simple as you might think.
While New York law does not require that you have legal representation when filing for a divorce, you’ll discover that there are numerous situations in which you will find yourself in need of a family law attorney’s assistance. You’ll find that it takes a full-time job’s worth of effort and excellent organizational skills to negotiate the numerous documents, deadlines, and processes that make a divorce final and legal.
Helping You Get What’s Best for You and Your Family
You probably never imagined that you’d find yourself thinking about a divorce or in a legal fight against someone you thought was the love of your life. The compassionate attorneys at the Law Offices of Frank Bruno, Jr. understand this emotional rollercoaster that you’re likely going through.
We understand that you want to get through the divorce quickly and painlessly. But to do this, you’ll need to have the help of a tenacious and knowledgeable NY divorce attorney from the Law Offices of Frank Bruno, Jr. by your side.
What’s so Complicated About the Process of Divorce?
Getting a divorce is generally a straightforward process when all of the necessary steps and documents are completed to a T. Even if your spouse doesn’t cooperate throughout the divorce, there are still ways to dissolve the marriage, but the “devil is in the details.”
Complications often arise when it comes to dividing marital assets, calculating alimony, and determining child support and custody arrangements. This is where having a smart and experienced NY family law attorney is invaluable.
The following issues must typically be settled in a divorce:
- Child custody
- Child support
- Division of assets and debts
- Spousal maintenance (often known as alimony)
- And the emotional toll
Naturally, child custody and child support won’t be a problem if there are no children involved or if both parties are older than 21.
What Actually Transpires in Court
Contrary to what you may have observed in the media, very few divorce cases actually end up in court. There will be no opportunity for you to give a testimony or “explain your side of the story” to a judge.
What does take place is a meeting between the judge and your attorney, usually in the judge’s chambers. Your attorney will fight for you and provide the judge with a summary of the crucial points in your divorce. The lawyer for your soon-to-be ex-spouse will also be permitted to address the judge. The Judge can issue a few temporary Orders or share with the counsel his or her overall assessment of the situation, which will direct the lawyers toward a favorable resolution of the case.
Contact us Today
As you can see, the divorce procedure in New York is quite difficult. Even though some divorces are very straightforward, divorces involving children, complex property distribution difficulties, or other disagreements typically benefit from legal counsel.
If you need help with your divorce, consider contacting an experienced divorce attorney at the Law Offices of Frank Bruno, Jr. We provide legal services to clients across New York City
Frequently Asked Questions About Getting a Divorce in New York
Sometimes. An annulment is similar to a divorce in that it can end a marriage. However, a divorce ends a valid marriage while an annulment declares the marriage void as if it never existed.
Depending on the facts of your marriage, a divorce will be possible while an annulment will only be feasible if certain conditions are met. These conditions include:
– Being less than the age of 18 when marrying and having no sexual relationship with your spouse after turning 18.
– Having entered into the marriage by fraud or trickery.
– You or your spouse were already married to someone else at the time of your marriage.
– There is too close a familial relationship between you and your spouse.
– A mental condition prevented you or your spouse from making an informed decision to marry.
In New York, an annulment requires a judge-led trial and hearing. An annulment requires the filing spouse to establish at least one of the grounds in court, unlike a divorce, which a judge can award after receiving written or sworn testimony without a trial.
Some might refuse to agree to divorce when their spouse asks for one. If you find yourself in this situation, divorce is still possible. There are several approaches to take, but one of them is to get a default divorce. This is useful when the spouse that does not want a divorce completely ignores everything you’re doing to try and dissolve the marriage.
One thing to keep in mind is that while your spouse has no choice in whether a divorce takes place or not, they can still contest the terms of the divorce. This includes child support, custody, alimony, and equitable distribution.
The Experienced Divorce Attorneys at the Law Offices of Frank Bruno, Jr. Can Help You with Your Divorce
No one enjoys the divorce process. To help you get through it as quickly as possible and still obtain the terms you and your family deserve, please contact us today.
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