Are you going through the divorce process and have questions? Check out these 4 divorce tips for guidance, then call our lawyers today.
1. Divorce Jurisdiction
- People who have just moved into New York State from other places and members of military families that have separated sometimes contact my office seeking a divorce.
- It is important to remember that starting a divorce process in New York State requires the state to have jurisdiction.
- Although every state’s jurisdictional requirements vary widely, New York State’s are among the most stringent.
- It is usually necessary for a person to live here at least a year in order to initiate a divorce.
- New York State will not permit someone to come into the state and, after living here for a month, initiate a divorce proceeding.
2. Grounds for Divorce
- In New York State, no-fault grounds mean you can get divorced because your marriage has been irretrievably broken for six months.
- Prior to 2010, when New York State adopted no-fault grounds, people had to base their divorce on specific grounds such as cruel and inhuman treatment, adultery that could be contested by the other spouse.
- Today’s no-fault grounds mean that the responding spouse cannot contest the divorce. If one spouse wants a divorce but the other doesn’t, the divorce will happen.
- Rather than focusing on the grounds for divorce, make plans for moving forward by addressing such issues as children, houses, and money.
3. Uncontested Divorce
- People often call to request an appointment to discuss an uncontested divorce.
- The term, uncontested, applies only to cases in which one spouse is not present, not appearing in the divorce, or has withdrawn all opposition to the divorce.
- Clients sometimes think their case will be uncontested, simply because both sides are in general agreement; however, during the course of actually formalizing the divorce, that may change.
- You may resolve your case and reach an agreement in short order, but that is not, strictly speaking, an uncontested divorce.
- If you can’t find your spouse and are certain they will make no appearance in the court proceeding, yours may, in fact, be a true uncontested divorce.
4. Contested Divorce Process
- Most New York State divorces follow a contested track, but that doesn’t necessarily indicate a major conflict.
- A contested divorce is one in which both sides have hired attorneys and the parties have one or more unresolved issues.
If you or a loved one is going through the divorce process and have questions, read these 4 divorce tips contact Buffalo Divorce Attorney Donna L. Haslinger for guidance. If you have additional questions about any divorce or family law matter, please contact us to schedule a consultation. We welcome the opportunity to help you and your family reach the resolution you want. Contact us today and let our experience work for you.