Divorces can be very stressful for all couples. Long drawn out court proceedings can come at a very heavy financial cost for one or both parties. One of the best services that New York City divorce attorney provides to clients is assisting them in determining the best course of action for their individual case. The Divorce Process is a legal process that is designed for the benefit of one party (i.e. spouse) and one or both parties (i.e. supporting spouse).
In New York, divorces must be filed with the county courthouse. If no petition has been filed with the county courthouse, then the divorce process will proceed through what is called an “equitable distribution” of marital assets. An “equitable distribution” means that each spouse gets to keep his/her primary residence, but that each party receives an equal amount of marital property. The courts have established that both parties are basically equally well off when it comes to assets, so equities are usually evenly distributed.
After an “equitable” distribution has been reached, an “irreducible” marital settlement is entered into. This is a temporary order that lasts until the conclusion of the divorce process. During the “irreducible” period, the spouses retain their legal rights and privileges. A judge may issue a temporary Restraining Order. Once the “restraining order” is issued, the respondent spouse has no ability to request relief from the Court.
If, on the other hand, the respondent spouse contests the order, then the divorce process moves into what is called an “immediate divorce trial.” At this point, either party can request mediation. Mediation consists of an impartial third party that enables spouses to discuss their various concerns. Once completed, the mediator will advise one spouse or the other whether to move forward with a full-blown divorce trial.
Interestingly, there is a difference between how many divorces result in a divorce trial and how many marriages end in divorce. While the national average is around 50 percent, some states have even higher rates. For example, in California and Colorado, it is nearly twice as likely that a marriage will end in divorce if one spouse files for divorce and the other does not. Interestingly enough, the national average only includes cases in which the spouse filing for divorce is the party at fault, so cases in which both parties are at fault, particularly with an act of infidelity, would be excluded from the national average and would therefore not appear on an accurate count of overall divorce filings.
Divorce Attorneys tends to deal with these types of cases exclusively. It should be noted, however, that Divorce Attorney Seattle handles all cases that result in petitions for divorce; this would include those that involve a compromise agreement, spousal or child alimony, child custody and visitation, and/or a settlement agreement. In addition, divorce attorneys have experience when dealing with the Office of Child Support, where most couples have to begin the child support process from the very beginning of their relationship. Divorce Attorneys is also knowledgeable when it comes to dealing with custody hearings and making sure that the children are properly cared for after a divorce.