What is the process of divorce in Brooklyn?

Brooklyn, NY – When a couple is about to divorce, they must go through a formal process to end their marriage and all associated legal obligations between the members of the couple. In almost all cases, it is worth the investment of paying for an attorney who handles family law and divorce issues to provide guidance throughout this process. A person who is unrepresented may not know about all of the relevant court procedures, and it is possible that they can receive a poor outcome if they attempt to handle hearings related to child custody and support, property division, or alimony on their own. 

Starting the divorce

Once at least one member of the couple decides to end their marriage, they will need to have the divorce papers drafted, filed in the local family court system, and served onto the other spouse who will be named as the defendant in the lawsuit. If the couple is seeking a no fault divorce which is the most common kind, they only need to meet basic residency requirements in the state and say that the marriage has broken down to start divorce proceedings. The defendant spouse is given an opportunity to respond to the allegations in the divorce lawsuit. 

Settlement negotiations

It is possible that some divorce cases can be settled through mediation and a final agreement that outlines the terms of the separation. This is ideal, as the divorce tends to be completed much more quickly and the parties to the case will save money on legal fees. However, a divorce settlement can only be completed if there is agreement on the major aspects of the separation such as child custody, property division, and support payments. 

Court hearings

Any couple that does not come to a settlement has to formally litigate disputes related to a few aspects of their separation. This can include a judge deciding the best interests of the children if the couple has any, deciding how to classify and distribute any property, and determining whether alimony is necessary.

The final divorce decree

After the main stages of divorce are finalized either through hearings in court or a settlement agreement, the judge can start the process to issue the final order of dissolution of marriage. The couple is still technically married until the judge has given this order to the parties to the divorce. 

Divorce lawyers in New York

Elliot Green Law Offices is a family law firm that helps local clients with issues such as divorces, alimony payments, child custody and support, and domestic violence. Anyone who needs more information about these matters can schedule a meeting to receive advice. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201



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