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Blogs from October, 2013

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Are you planning to divorce? It can be of great benefit to fully understand the divorce process before you begin. There are several forms of divorce, and a no-fault divorce is now possible in the State of New York, at long last. If you are going to file, the first step really should be to have meeting with a qualified Staten Island divorce lawyer. Divorce can be complicated, particularly when the two parties do not agree on the main issues that must be resolved: support, property division and custody.

There are various forms of alternative dispute resolution processes that can be helpful in getting these issues resolved, so that there is no need for trial, which can be a big savings. A divorce trial may require several appearances, and extensive work in getting information to support your case. If there is a way that could speed the process, it will allow you to move forward with your new life without a pending trial to deal with. In some cases, it is impossible to resolve these issues without litigation. The other partner may be holding to some very unreasonable demands, or is making claims about you that are false, or has failed to disclose assets, or many other problems. Each divorce is as unique as the two parties involved.

The initial action is to file the divorce, whatever form. Uncontested divorce has separate forms, and all information must be provided with perfect accuracy. You must have legal grounds to file, but this is now easier, as an irretrievable breakdown of the marriage is now acceptable grounds for marriages. If you have worked out the details with your spouse, you can file an uncontested divorce. If not, the process is more complex.

In a contested divorce, a statement of net worth must be provided by each party, and this is a sworn statement that must be notarized. Any effort to hide assets can lead to legal problems. The divorce itself is the dissolution of the marriage contract by court order. The person who files for divorce is the plaintiff, and the other person is the defendant. You may file for divorce and your spouse could disagree with what you are asking for in support, custody and property division. These matters may be resolved through mediation, or may need to go to trial for resolution.

If you are planning to divorce, it is advised that you speak with a Staten Island divorce lawyer from our firm, The Law Offices of Adelola Sheralynn Dow. Ms. Dow is admitted to practice in both New York and New Jersey, and will personally handle your case.

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