In New York, petitioners should evaluate possibilities that could affect their cases. These factors could present them with a more lengthy process and prevent them from acquiring a quick divorce. A divorce lawyer in Smithtown NY helps these petitioners make choices to prevent a contested divorce.
The Divorce Grounds
Fault-based grounds could present the petitioner with additional issues. To support their claim, they must provide evidence based on the type of grounds they choose. For example, if they claim that their spouse was unfaithful, they must provide evidence that shows a romantic relationship with another individual and their spouse. However, if the evidence isn’t sufficient, the judge may dismiss the case. Equally, if their spouse can discredit their evidence, they could stop or stall the divorce proceedings.
Division of Marital Property
Marital property division may also present issues. Any property that was owned by each party is available to them through the divorce. However, their spouse may claim that they can’t achieve the same lifestyle as they did during the marriage based on the preferences of the petitioner. This could give them an opportunity to contest the divorce and push toward mediation.
Mediation gives the parties the opportunity to air their grievances. However, it could take months to schedule. It also could take several days or weeks to complete. This could give their spouse the time needed to stall the divorce and make requests such as marriage counseling.
Child Custody and Child Support Assignments
Child custody and support could present difficulties in divorce cases. If the couple cannot reach an agreement, the judge may require a custody hearing. The hearing could increase the waiting period for the divorce. It could also lead to a divorce trial instead of simple procedures. A divorce trial can take up to two years to settle.
In New York petitioners must assess the possible outcome of their requests. If they want a quick divorce, they may have to compromise with their spouse. If they don’t find a solution, they may face lengthy proceedings that could take years to complete. Petitioners who need help with these potential issues should contact a Divorce Lawyer in Smithtown NY or click here for further information today.
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