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New York Family Law Attorney

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Understanding the divorce process

On Behalf of | May 13, 2022 | Divorce |

Completing a divorce could take time. Yes, there are amicable divorce settlements that move forward without delays. However, no one should expect a divorce will occur in an exponentially fast time frame. Several legal steps are required to receive the final divorce decree in a New York family court. Preparing oneself for the process and accepting things take time could make a divorce less stressful.

The divorce process and related steps

First, it might be helpful for anyone seeking to end a marriage to weigh their options. A marriage based on fraud and other grounds may become eligible for an annulment. Others may not want to divorce outright but pursue options for legal separation. Individual circumstances vary, and a spouse could discuss options with a family law attorney.

Serving someone with divorce papers stands as a critical part of the process. Divorce papers refer to a legal petition for divorce, a document served to a respondent. The respondent is the other spouse. The papers put the spouse on notice that divorce proceedings will soon commence.

A judge could order a temporary order pending the finalization of the divorce. For example, the judge might grant one parent sole physical custody of a child. However, the final divorce decree might reflect an order of joint custody.

Moving forward with the divorce

Expect the divorce process to include discovery, which refers to gathering information related to the divorce. Discovery could include presenting evidence supporting claims of mental and physical abuse, such as text messages and witness statements. Financial information about debts, assets and the like may become prominent during the discovery process.

Not all divorce negotiations involve both parties being amicable, so mediation might be necessary. Arriving at mutual agreements could be better than a divorce trial. Trials might involve high costs and could be time-consuming. Spouses may wish to receive their final divorce decree in a less stressful manner.

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