What fault grounds can I claim?
Filing for divorce can be an emotional time for spouses. They may have anger toward one another or be sad about their breakdown of marriage. These are difficult times to face. They may wish to end things as smoothly as possible. To stick with this sentiment, spouses have the ability to file for a no-fault ground divorce. This can ease the process since it will not contest the divorce. When you refrain from stating a fault ground, neither spouse it to blame for the divorce.
By claiming a fault ground, the blame can be placed on one spouse. This may lead to a contested divorce. When filling out the paperwork, you have a few options of what fault grounds to cite. These reasons can include adultery, violence, pregnancy unknown to the husband, incarceration for two years with total jail time exceeding seven years, crime against nature before or after marriage, substance abuse or institutionalization of at least five years. With these reasons, fault will be placed on a spouse in the marriage. This may lead them to enter into a contested divorce. No-fault grounds can include irretrievable breakdown of marriage of two years, voluntary abandonment for one year or incompatibility of temperament.
Is mediation more beneficial than litigation?
During divorce proceedings, mediation is used to decide on marital issues. These issues can include child custody arrangements, child support, alimony and the division of assets. In order to reach a divorce, these issues need to be resolved. Spouses will meet with a mediator to speak about these issues in sessions with their attorneys by their sides. This can give them the opportunity to air out all their concerns in a private setting since they are not in a courtroom. This may help spouses get closure in an amicable way where they are able to maintain a healthy relationship to co-parent their children together. They will have to cooperate with one another to make compromises about marital issues. Mediation can be as long as the spouses need. They will attend sessions, along with their attorney if they wish to bring them.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.