What is a divorce
Divorce is the legal process by which marriages are dissolved upon terms either agreed to by and between parties or as ordered and directed by the court.
What are ground requirements for a divorce in New York
Until very recently one could only obtain a divorce in New York by either establishing and proving various allegations of fault (various bad faith acts) against one of the parties or having fully negotiated and executing a formal Agreement and thereafter living separate and apart pursuant to the terms of the agreement for at least one year and thereupon either party making application to the court for a judgement of divorce. However, for the last 2 years, New York has joined the other 49 states in allowing either party to obtain a “no fault” divorce so long as one of the parties under oath states that for the previous 6 months the relationship between the parties has been irretrievably broken without a reasonable expectation for reconciliation. In this instance, while there is no defense to the claim of a broken marriage, the entry of judgement of divorce must be held in abeyance until all financial and family matters have been either resolved by the parties and set forth in a written agreement, signed by the parties, or a judge of the Supreme Court has made findings and determinations of these issues.
What type of divorce cases do handle
I represent parties in actions to dissolve their marriage in which they seek not only to terminate the marital relationship but also seek to fix his or her financial rights, duties and obligations and rights to custody/access of the children of the marriage. In addition, as a New York divorce attorney, I negotiate on behalf of my clients and seek to resolve amicably and with minimal Court intervention terms and conditions which allow the parties to expeditiously settle their various competing claims and thereby allow them to move forward with a minimum of anguish and financial expense. I also work on many other family law issues that impact families and have done so for over 30 years.
Can I divorce without trial
First, note that divorce judgements are judicial decrees issued by Supreme Court Judges of the State of New York. Therefore, there cannot be a divorce without parties filing a legal proceeding in a Supreme Court in a county in which they reside. That being said, however, the parties are always encouraged to attempt to resolve their differences with the aid and assistance of their attorneys and other professionals rather than the intense emotional conflict of an adversarial proceeding in a court room preceding a finding and judgment by the Judge. It’s up to the parties to determine whether the dissolution of their marriage shall be heatedly contested in an open courtroom or privately resolved after good faith negotiation and resolution.