The divorce process is an emotional time for everyone involved. It will not only affect the individuals who are getting divorced, but it will also have an effect on their children. A divorce process, in the eyes of the court, is something that should be completed quickly to avoid further turmoil. When a divorce is final and there is no hope of amicable resolutions, the divorce proceedings will continue until one of the parties dies, is remarried, or terminates the marriage. The divorce lawyer that is representing either party will work with all parties to make sure that the divorce proceeding will be as quick and painless for all parties as possible. There are a number of steps involved with the divorce process and a divorce lawyer will help guide you through these steps.
There are many different situations that can cause a court to believe that it may wish to modify or even vacate a divorce decree. For example, if a divorce process was already complete and a divorce decree was signed, but the couple was able to reach an agreement outside of the courtroom, then this should be considered. In some instances, once the divorce process is final and a divorce settlement has been reached, then the couple can part ways amicably. The divorce process can even reach the point where divorce mediation has been used. If both parties agree to divorce mediation, the divorce will be much quicker than if a judge ordered a divorce.
The actual divorce litigation will start after a divorce decree has been entered into the courts. If the spouses can agree on child custody (if applicable), alimony payments, the division of assets and other key issues, divorce litigation will move forward immediately. If not, divorce litigation will move forward through the family court system. In many instances, divorce litigation will move forward before the family court. This is because divorce litigation can take months or even years to resolve, and in the case of divorce litigation involving children, it can even take several years.
After a divorce decree has been entered and a divorce court has ordered child custody and visitation scheduled, then the process of getting a divorce finalized begins. Once the divorce paperwork is filed with the proper authorities (local courthouse or state courthouse), a divorce court hearing will occur. During this hearing, a judge (or, if a divorce is contested, a justice of the peace) will review the divorce agreement and all related documentation. Along with this paperwork, there will also be several divorce attorneys (and, in some instances, additional divorce attorneys) who will argue various points of contention regarding the divorce decree and any associated orders (e.g. spousal support, child support, spousal/child visitation, child support modification, etc.
Once the divorce hearing has concluded (usually through a written divorce decree), another set of divorce procedures will begin. Among these procedures, the divorce petition will be filed with the court that had issued the original divorce order. The divorce complaint will then be submitted to the clerk of court for review. If the divorce court decides that the former spouse (the one who filed for the divorce) is the spouse to whom the property must be awarded, then a default judgment (a formal judgment that states that the plaintiff is the defendant and requires it to award the requested assets to that party) will be entered and a warrant for arrest will be filed with the New York state police.
Once all of the required documentation has been submitted to the clerk of court, the parties are legally required to attend a divorce hearing, at which time the judge will issue a divorce order. It’s important to note that once a divorce is finalized in the state of New York, no marriage is considered null and void after it has been processed. This means that even if a previously married individual re-marries (without divorce court approval) the previous marriage is still enforceable in the eyes of Florida state law.
In other words, even though someone might have divorced from you in another state, the fact that you lived together before the marriage is relevant to the new York divorce proceedings. New York divorce lawyers can explain all of the finer details pertaining to this process. To get more relevant information, visit www.lennonfamilylaw.org.