Can I get a divorce without going to court in New York?

Can I get a divorce without going to court in New York?

holding wedding rings divorce

It is a common misconception that all divorces must be long-drawn-out legal battles involving multiple legal proceedings to iron out issues such as child custody, child support, spousal support, and property division. However, that doesn’t always have to be the case. If you and your spouse can work together to reach a mutual agreement on the terms that will apply to the termination of the marriage, you can avoid litigation altogether. It is critical to note that if you opt for a divorce route that avoids litigation, you may still have to appear briefly in court at some point. However, you will not have to undergo a trial. If a divorce is imminent, contact a seasoned Nassau County Divorce Attorney who can help you consider all available options for ending your marriage that can help you avoid litigation. 

How can I get a divorce without going to court in New York?

If you and your spouse cannot resolve your disputed issues outside of court, you must undergo a contested divorce. With this traditional type of divorce, the judge has the authority to decide the terms that will apply to the termination of your marriage. This means you will need to go to court for a trial that can last for days. Although a trial may only last a few days, you must also appear in court to attend hearings regarding critical issues such as temporary support and other requests. If you can reach a mutual agreement on the terms that will apply to the termination of your marriage, you may pursue an uncontested divorce. With this type of divorce, there is the possibility of having to appear in court for a final hearing. However, in other cases, you may be able to avoid litigation and submit your divorce settlement agreement. If this is the case, you will receive the signed divorce decree in the mail.

Ultimately, the best way to get a divorce without going to court is to opt for the alternative divorce route of medication. If you and your spouse cannot reach a mutual agreement on the terms that will apply to the termination of your marriage, you can turn to divorce mediation, where a neutral third-party mediator will assist you in resolving your disputed issues. The mediator will help couples resolve their disputed issues and reach a mutually agreed-upon divorce settlement agreement. After the process, the settlement will be submitted to the court. Additionally, couples can pursue a collaborative divorce which is similar to mediation. With a collaborative divorce, you and your spouse will both be represented by your legal counsel. You will all work together to reach a mutually agreed-upon settlement and never have to step into a courtroom.

If you want to dissolve your marriage without going to court, contact a trusted Nassau County divorce attorney from The Pollack Law Firm, P.C. Our firm is committed to helping our clients find the best divorce route that fits their needs.

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