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- The term, uncontested, applies only to cases in which one spouse is not present, not appearing in the divorce, or has withdrawn all opposition to the divorce.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.
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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.