Marriage is no longer just a romantic relationship. It is now a legal relationship. In almost every modern society today, including the United States, the formation of a marriage and the dissolution of a marriage have been a major topic of legal reform.
The formation and dissolution of a marriage are now clearly defined by laws that must be followed for the marriage to be valid (in the case of formation) and the party to the marriage to be free from the marital obligation in the case of dissolution. This is the practice area of a family attorney in Brooklyn.
Divorce is not easy. In fact, very often, the joy and euphoria of getting married is short-lived, and the marriage is dissolved due to irreparable differences. This sometimes makes divorce an unavoidable choice, whether initiated by one of the spouses or the couple as a whole.
No matter the circumstances, divorce isn’t an easy choice, and the process isn’t easy either. There are many procedural laws that must be followed, a lot of paperwork, emotions, and, in some cases, difficult negotiations. That is why it is important to get a family attorney in Brooklyn to help you through the process.
Before starting the divorce process, you need to understand the process thoroughly, consider all the factors involved, and consider all available options. A family attorney in Brooklyn can help you with this. In this post, we will cover some important information you need to know before starting the divorce process.
Who is a family attorney?
A family attorney is a lawyer who specializes in dealing with divorce and related issues. They offer legal advice and assist clients in understanding the complexities of a divorce. A family attorney can negotiate with your partner and their attorney. If you need to go to court, a family attorney will help you.
A family attorney can also help determine matters like custody of your kids, property rights, or child support. A good family attorney deeply understands family law and other related legal issues. They are also skilled in communicating and negotiating effectively to achieve great results.
Basics for divorce in the US
This is about the fundamental requirements that must be met or fulfilled before a divorce petition can be successful. These fundamental requirements are the requirements of the state in which you live. There are no general divorce requirements in the United States. There are differences in the requirements for divorce in different states across the country.
It is best to contact a family attorney in Brooklyn to review your situation in accordance with the divorce rules of your state and determine if you are eligible for divorce. It is worth noting, however, that one common requirement is that you must have lived in the state where you are filing for divorce for at least two weeks or two years (depending on the state’s divorce law).
This is known as the “residency” or “domicile” requirement. It is a bit complicated because many other factors affect whether or not you can file for a divorce. With a family attorney in Brooklyn, you don’t have to worry about these things.
Another very important divorce condition is that the cause(s) listed in the divorce petition must be included in the grounds of divorce recognized by the courts. The grounds of divorce can be broadly divided into no-fault grounds and fault-based grounds.
Under the no-fault grounds, a petitioner is not required to allege and prove the other party’s fault in the marriage that caused the divorce proceeding. No-fault grounds are the most common type of divorce in states that allow it. In these states, petitioners must file a petition stating that the marriage is irreparably broken or that the couple cannot work together and there is no possibility of reconciliation.
No-fault grounds divorces are much simpler, less contentious, and the most popular type of divorce, especially in cases involving children. All states in the US have this option, but it is best to contact a family attorney in Brooklyn to find out how you can benefit from this option under your state’s divorce laws.
On the other hand, in a fault-based divorce case, you must prove your partner’s fault in the marriage circumstances that led to the divorce being granted. This could include acts of gross abuse, abandonment, adultery, etc.
Fault-based grounds add to the complexity of the divorce process, as well as the fact that they can be highly contentious and can lead to increased hostility between the spouses. However, it may be the most suitable ground in states where fault is considered when making alimony/spousal support orders.
The divorce process
The best way to go through the process of getting a divorce in the US is to retain a family attorney in Brooklyn. This is because every divorce case is different, and there are seven stages of the process. These stages are as follows:
- Preparation and filing of the petition.
- Service of the petition to the other party.
- Filing of the other party’s response or refusal to file a response.
- Hearing of the interlocutory application and making of an interlocutory order.
- Collecting the documents and evidence needed to establish the petition.
- Attempting a settlement/trial.
These stages can become even more complex. This is when the Respondent (the other party) submits a counter-claim in addition to the reply. There is another claim in this situation, and additional evidence must be presented. One of the most important steps in the divorce process is filing a petition. This is because it begins the divorce process.
If your petition is incomplete, it affects your entire divorce process. Before and during filing, you must follow the divorce laws. Some states have a waiting period before you can file a divorce petition. When you file a petition, you must file it in the appropriate court. This is usually the family court or the divorce court.
You must also follow the content and form of the petition to make it valid. To avoid making mistakes, hiring a family attorney in Brooklyn is important. The petition is served on the other spouse (with a copy of the petition). After the petition is served, the spouse may file a response or choose not to file a response. In this later situation, the divorce will be declared uncontested.
The court may make interim orders on child custody and other matters before going to trial. The court may also allow the parties to negotiate an out-of-court settlement. If the out-of-court settlement is unsuccessful, the petitioner must collect and produce documents and evidence to prove the petition.
Once the trial is over, the court delivers judgment and makes final orders, including on matters such as alimony and child custody.
Property sharing in divorce
Matrimonial property is distributed fairly in many US states. This means that all assets and debts you and your spouse acquired during your marriage will be distributed fairly. However, this does not mean that all assets will be distributed equally. For example, a judge may distribute a larger portion of assets to a spouse who earns less and has more debts than a spouse who earns more.
Only the marital property is distributed in a divorce. This includes the marital house, the money earned during marriage, and more. The court will consider factors such as future income, who is a custodian, who wishes to remain in the family home, taxes owed, and assets or business interest.
If the court deems that justice demands it, one spouse may retain their own property, and the other spouse may distribute the other spouse’s property. A family attorney in Brooklyn can help you receive a fair share of marital property in the US.
If you are going through a divorce in the US, you don’t need to worry about whether you will be eligible for alimony. The judge will consider several factors when deciding whether you should receive financial support. This includes queries such as whether the other spouse can pay.
They will also consider how long you have been married, each spouse’s income, whether the receiving spouse can care for themselves, and each person’s financial contributions to your marriage. Spousal support can be paid in a lump sum or in the form of monthly payments.
If you want the amount of support to change, you must prove that you have experienced significant changes that have caused the current amount to be inadequate. In most cases, a single monthly payment will remain in effect.
In cases where you desperately need financial support during the divorce, it is best to speak with a family attorney in Brooklyn to help you get the support you need.
Matrimonial issues can be very difficult to deal with, but it is nothing to be ashamed of. At Gehi and Associates, we support you through the ups and downs and ensure you don’t face any unexpected problems. Our family attorneys in Brooklyn understand that no two marital problems are the same.
That is why it is important to explore settlement options whenever you can. But if you can’t, we will fight for you to get custody, support, and assets that are rightfully yours. Are you ready to take your case to the next level? Get in touch with us today!