Divorce and Feeling Overwhelmed about the Legal Process
The thought of divorce can be stressful and many people may feel overwhelmed. To get legal help with a divorce that may affect your children, legal advice with a divorce that may effect how your finances and property is divided up, and legal representation to deal with any harassment or abuse during a divorce means many people turn to a good affordable divorce attorney.
At The Law Office of Leah T. Wills PLLC, our divorce lawyer knows you have questions and concerns. We help you understand your rights and by providing you with relevant information we will try to help you feel empowered during this difficult time. You do not have to endure a divorce alone. The law firm offers initial free consultations from an attorney at 888-524-9776
Divorce Attorney from a Wall Street New York Law Firm
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process may proceed to trial unless an agreement can be reached. Many divorce cases do not go to trial, especially if there are children involved and both parents come to the conclusion that it would best for the children to settle and mutually agree on how to parent. Or, if both parties just want a divorce as quickly and stress-free as possible and with as little legal costs and attorneys fees as possible.
Common Grounds for Divorce
Uncontested Divorces
When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce also called uncontested divorce may be sought. An irretrievably broken marriage simply means the couple is unable or refuses to be together anymore romantically or cohabit, and no prospects for getting back together exist.
In New York State the period of time that the married couple has not been together must be at least six months. Note, you can still be living with or sharing some aspects of your life with your married partner and convince a court that you are separate and apart romantically. Although, if you are married to someone and live apart from them for six months or more, this is stronger evidence in many cases of your grounds for a uncontested divorce.
Contested Divorces
You may wish to pursue a contested divorce for a number of reasons, like using it as a factor to obtain a better outcome for:
- Property division
- Spousal support
- Child support
- Child custody
The grounds for a contested divorce include:
- Adultery, the other spouse had an affair during the marriage
- Abandonment, the other spouse has physically left or has refused to engage in sexual relations for at least one year
- Cruel and inhuman treatment, the other spouse makes it unsafe or improper to live with them
- Felony conviction, the other spouse has been in prison for at least three consecutive years
- Substance abuse, the other spouse has an addiction to alcohol and/or drugs
A contested divorce may mean attending quite a few court hearings, the divorce taking longer and the legal fees and costs being much higher. However, if there are big issues to resolve or lots of finances and wealth to divide up, and the other party wants to have what seems like an unfair amount of the finances or is acting unfairly with the divorce issues, you may decide a contested divorce is the the best choice. Some things are worth fighting for and that includes, rights over children, rights over property, rights over pension, and rights over how much you put into the marriage as a time consuming investment.
Contact a Wall Street Divorce Attorney in New York
There is a lot to consider when you are going through a divorce. You have the option to be represented by a divorce and family law attorney and chose not have to got to court alone. Contact The Law Office of Leah T. Wills Pllc for a initial free consultation at 888-524-9776