Is the Presence of a New York Court Necessary for My Divorce?

Is the Presence of a New York Court Necessary for My Divorce?

Whether you and your spouse need to conduct your divorce proceedings in the presence of a New York court depends on if you are able to remain amicable. For more information, continue reading to see how an experienced Long Island divorce attorney of The Pollack Law Firm, P.C., can guide you in the right direction.

Is a New York court needed for my contested divorce?

Firstly, a contested divorce is necessary when you and your spouse cannot agree on key divorce issues. Such issues include the following:

  • Alimony: when you and your spouse cannot agree on whether one should receive spousal maintenance payments for temporary or long-term financial support.
  • Division of assets: when you and your spouse cannot agree on how to distribute your marital assets fairly and justly, especially when there is an emotional tie present.
  • Child custody: when you and your spouse cannot agree on whether one should receive physical and/or legal custody, or even visitation, of your child.
  • Child support: when you and your spouse cannot agree on whether one should make support payments for your child.

Therefore, in a contested divorce, a New York court will need to be present to settle these terms on your behalf. With litigation, a New York judge will consider many factors, including your and your spouse’s expressed wants and needs. But ultimately, a divorce settlement agreement will be finalized on the judge’s terms.

Is a New York court needed for my uncontested divorce?

Secondly, an uncontested divorce is achievable if you and your spouse have little to no disagreements regarding alimony, property distribution, child support, child custody, etc. With this, you can undergo an alternate dispute resolution, such as divorce mediation, that does not take place in the presence of a New York court.

With divorce mediation, an unbiased, third-party mediator will guide you and your spouse toward a resolution that is made on your own terms. The following are the potential benefits of choosing litigation.

  • You can save time and money.
  • You can avoid the emotional toll of a contested divorce.
  • You can trust the privacy of the process.
  • You can reduce the impact the divorce will have on your family.
  • You can maintain control over your finalized settlements.

With that being said, an uncontested divorce can turn into a contested divorce quickly if you and your spouse cannot agree on even just one divorce issue. To avoid litigation altogether, you should consult with a skilled Nassau County divorce mediation attorney as soon as you can.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

Read Our Latest Blog Posts

  •  Will I Need to Split My Expensive Personal Items in My Divorce?
  •  What Is Considered a Gray Divorce in New York State?
  •  Should I Be Careful with Posting on Social Media During My Divorce?