New Rochelle Divorce Lawyer
Divorce is a complicated and unpleasant legal process that may open old wounds and cause emotional distress for both parties involved. A New Rochelle divorce lawyer could work with you to reach an amenable outcome on your behalf. A dedicated family attorney may be able to guide and support you through a divorce while ensuring your interests and assets are protected. Call today and set up a consultation.
Dissolution of Marriages
State law controls the dissolution of a marriage, otherwise known as a divorce. A person does not need fault grounds to get a divorce. New York was the 50th of the 50 states to join the ranks of those offering a no-fault divorce. This is called an irretrievable breakdown of a marriage and it means that either partner could seek a divorce from the other without alleging fault. Speak with a New Rochelle divorce attorney to learn more about the laws regarding divorce.
Support Obligation Following a Divorce
It is important to know that there may be support obligations from one party to another depending on earning disparities. These obligations are referred to as spousal maintenance and they relate to the financial support of the lower-earning spouse. There are also laws regarding child support, which when the non-residential parent is ordered to pay to residential parent a certain sum of money for the support of the child or children. People need to understand that a divorce does not absolve them of financial obligations to one another and their family.
Contested vs Uncontested Divorce
An uncontested divorce is when the parties have reached a resolution on all of the issues that need to be decided. This could be contrasted with a contested divorce in which there are issues still to be decided that the parties cannot agree on. At its most extreme, a contested case might go to trial in front of a judge in which the judge makes a decision about the issues at hand. For instance, where the children live, how the child support is paid, and who gets the family house.
Most cases get settled and the only question is how the parties are going to reach a settlement. To the extent that both parties are willing, it may be recommended that they engage in either the collaborative or mediation process. If an individual is going to end up settling anyway, this may be the best option. If a person is deciding which form of divorce to pursue, they could benefit from the advice and guidance of a divorce attorney in New Rochelle.
One of the things that may occur early on in any divorce case, whether it is litigated or negotiated, is mandatory financial disclosures. The parties may be required to file sworn statements of net worth that lay out all of their assets even if they are not in court.
Any divorce case will have to go through some kind of financial disclosure process. They serve the purpose of determining assets and liabilities by fully disclosing everyone’s accounts, businesses, real estate holdings, and other possible assets. Speak with a seasoned and accomplished attorney to learn more about determining assets in the midst of a divorce.
Mediation, Arbitration, and Litigation
A mediated divorce is a divorce in which both parties agree to see a single neutral professional in order to assist them or mediate their arrival on various required agreements. In a litigated divorce, by contrast, each of those parties has a lawyer that represents them in the context of a court proceeding with a court overseeing the resolution of their issues. The parties still need to reach an agreement with one another with the assistance of their counsel, but they do so under the court’s watch.
Litigated cases have less self-determination because they are on the court’s timeline and the parties often make decisions under pressure. At its most extreme, if the two parties cannot reach agreement in a litigated situation, then a fact-finder hearing may be held in front of the judge.
How a New Rochelle Divorce Attorney Could Help
Our attorneys have experience helping individuals with the divorce process to find a resolution that keeps their best interests in mind. A New Rochelle divorce lawyer could help you make a decision about what process may be best to use when pursuing a divorce case. Our firm engages in all kinds of dispute resolutions, therefore, if you are going through a divorce, you may want to call today and set up a consultation.