What Does Your Family Law Attorney Does For Your Divorce Case?

A contested divorce case in New York starts when a married spouse files a divorce petition with the courts. After a divorce action is filed, an initial order may be issued which allows for the filing of a “complaint” against the other spouse. The complaint contains all of the information regarding the divorce including the date, jurisdiction, and name of an attorney. The complaint also contains information on what party (spouse) is required to pay and other financial details.


the method of discovery

After the complaint has been filed in the divorce case, the parties may engage in what is called discovery. Discovery is the process of obtaining additional information from the opposing party. During discovery, one or both spouses are expected to provide evidence to the court regarding the grounds for divorce, or any other information that can help prove the grounds. Discovery is not limited to obtaining discovery of information about the parties, but can also be used to obtain certain non-confidential documents and information that a party is entitled to under the state laws. There are various types of discovery and there are certain requirements that must be met by the parties involved before they can use this method of discovery.


a trial date is required

In some cases, a divorce case may require a trial date. If a trial date is required, a judge may convene a session to convene a jury. At the end of this session, the judge will announce a verdict and will submit a report of his findings to the parties involved. If a settlement agreement is reached, a certificate of court mediation may be signed by the parties and a court date will be scheduled for the parties to appear before the judge to present their case. If no settlement agreement is reached, a summary of the case will be filed with the courts.


seek a lawyer for advice in a divorce case

There are many reasons why a person would seek a lawyer for advice in a divorce case. Some of these reasons include getting informed about what is required to obtain a legal separation agreement from the court, protecting the interests of one’s spouse, retaining an attorney who is familiar with local divorce laws, retaining an attorney who can handle the issues quickly, and many other reasons. For example, if one’s spouse seeks a court settlement, the attorney will need to know what type of forms a person needs to fill out. The attorney will also need to know what documentation one needs to file with the court and how much time one has in getting the paperwork filed. These issues will be handled properly by a professional attorney who is familiar with local divorce laws.


uncontested and divorce finalized.

In New York State, two types of divorce proceedings occur: uncontested and divorce finalized. In an uncontested divorce, both spouses present their cases and there is very little chance of a court battle. An uncontested divorce happens when both parties agree on all terms of the divorce and the terms do not become a contested issue. A divorce finalized occurs when there are differences between the spouses, but the couple agrees on child custody, visitation, property division, child support, and other important issues. There are many reasons to use a New York State family law attorney for one’s divorce case.


If one or both of the spouses are experiencing a divorce case, many things should be considered. All of these issues must be taken into consideration before finalizing any of the agreements. One of those issues that parents must take into consideration is what will happen to their children after the marriage. No matter what the circumstances are with regards to children, parents must ensure that their children will have a stable and peaceful environment while the parents have their divorce case settled.

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