Do I Need to Get a Divorce in the Presence of a New York Court?

Do I Need to Get a Divorce in the Presence of a New York Court?

When you and your spouse decide to get a divorce, you may be wondering whether this needs to be conducted in the presence of a New York court. Essentially, there are different options available for you and your spouse depending on the contention of your divorce issues. For more, read on to discover how one of the seasoned Manhattan divorce attorneys of Zimmet Law Group, P.C. can point you in the correct direction.

Is a New York court required for my contested divorce?

When you and your spouse cannot agree on key divorce issues, then the only way to dissolve your marriage will be through a contested divorce. These key issues commonly include the following:

  • Alimony: when you and your spouse cannot agree on whether one should make/receive spousal maintenance payments for temporary or long-term financial support.
  • Division of assets: when you and your spouse cannot agree on how to fairly and justly distribute your marital assets, especially when they hold sentimental value.
  • Child custody: when you and your spouse cannot agree on whether one should be granted physical and/or legal custody, or visitation, of your child.
  • Child support: when you and your spouse cannot agree on whether one should make/receive support payments for your child.

A contested divorce requires that a New York court will need to be present to settle these issues for you. In litigation, a New York judge will consider many factors, including your and your spouse’s communicated wants and needs. But ultimately, a judge will have the final say on your divorce settlement agreement.

Is a New York court required for my uncontested divorce?

When you and your spouse have fairly nonexistent disagreements regarding alimony, property division, child custody, and child support, then an uncontested divorce is a viable option. Specifically with a mediated divorce, this alternate dispute resolution does not take place in the presence of a New York court. Rather, it will occur in a private setting with the help of an unbiased, third-party mediator. With that being said, the following are the potential benefits of choosing mediation over litigation:

  • You can save time while also making your own schedule.
  • You can avoid the emotional and financial toll of a contested divorce.
  • You can trust the privacy of the process.
  • You can reduce the impact the divorce will have on your children.
  • You can maintain control over your finalized settlements.

You must be made aware that an uncontested divorce can quickly go awry and you can be forced toward a contested divorce. To prevent this, contact one of the competent New York City divorce mediators today.

Contact Our New York City Firm

If you require the services of an effective New York City attorney of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, or landlord-tenant law, contact Zimmet Law Group, P.C. today to schedule a consultation.

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