As a result of a new law that went into effect in October 2010, grounds for divorce have changed dramatically and New York State has finally joined the other States by allowing a Justice to grant a divorce based upon the marriage being ?Irretrievably Broken?. This means that for the first time in New York State, it is not necessary for one party to be deemed ?at fault? for the failure of the marriage and that the traditional faults of adultery, abandonment, and cruel and inhuman treatment are not the only grounds available.
In order for a party to obtain a divorce, irrespective of grounds, there must be either an agreement reached as to all the other issues involved, such as custody and visitation, finances, etc., or the parties must participate in a trial before a justice. The justice will make the ultimate decisions on these remaining issues. Only after these issues are resolved, either by agreement of the parties or by order of a justice after a trial, can the parties obtain the actual decree.
An uncontested divorce is one where the parties are able to resolve the issues of their case and, with the assistance of counsel, enter into an agreement and submit all the necessary court documents to obtain a divorce without the need for a justice to conduct a trial and decide the issues for them. An uncontested divorce can even be accomplished without anyone having to appear in court at all. However, it can also be completed after the parties have been to court but have not yet proceeded to a trial.
A contested divorce is when the parties are not able to agree on all of the issues involved in their case (such as custody, visitation, support, division of assets, etc) and a trial must take place before a Justice of the Supreme Court. Ultimately, the justice will make the determination as to any outstanding issues that remain. The justice will then issue an order which will be binding on the parties.
At the Law Office of Jay Davis, PLLC, we pride ourselves on being able to, in many instances, bring the case to a successful conclusion, without the need for court intervention. However, if an agreement cannot be reached, we have the skills necessary to fight for your interests at trial.
Please contact The Law Office of Jay Davis, PLLC today to discuss all of your options.
Mr. Davis has been specializing in the field of matrimonial and family law for over 42 years. Jay builds a relationship with his clients and genuinely cares about them. Please view our testimonials page to read about some of those relationships.
Jay Davis has been nominated as Best Divorce Lawyer on Long Island by Long Island Best for 2017!
600 Old Country Rd. Suite 410
Garden City, NY 11530