When you decide to divorce your spouse, you usually are not thinking of the legal process that you may be going through soon. The time and money divorce will cost you depends heavily on the type of divorce you will be going through. If you are trying to get divorced, the first step is filing a divorce petition. After this, the terms and conditions of your divorce have to be settled. This process can be longer depending on the terms your spouse and you have to resolve. If you are seeking help from a divorce lawyer in Smithtown, reach out to Simonetti & Associates and we will help you through this strenuous process.
Divorce Process:
After you have filled a divorce petition, your divorce process has begun. In a divorce, you and your spouse must agree on the terms of the divorce. If you and your spouse agree, then you will have an uncontested divorce. These types of divorces are quicker, and sometimes don’t even require you to appear in court. However, if you can not agree on divorce terms then you will have to go through the divorce process in a divorce court to settle the terms before you can be divorced. If you are having issues in a divorce case contact us at Simonetti & Associates, divorce lawyers in Smithtown. Some of the terms that need to be settled in a contested divorce case before you can be divorced from your spouse include:
- Division of property– Divorcing parties exchange and submit varying documents that confirm things like income, assets, property, etc. Then, because New York is an equitable distribution state a judge will distribute any marital property equitably or fairly.
- Child Custody- Who will have custody of any children of the spouses. This can be given to a single parent or be joint. Parents with custody care for the wellbeing, education, living conditions, etc. of the child/children.
- Child Support– If one party has certain conditions met with the child custody, such as caring for the child more than half the time, then they may be liable for child support from the other parent. The court uses a system, or formula, to come up with a fair amount of child support to be paid.
- Alimony- The payment that one party will make to the other during and/or after a divorce. It is sometimes referred to as spousal maintenance in New York. Either party can request alimony, but the court will look at income, expenses, and various other documents to determine if one party should receive alimony and how much.
Visit a Divorce Lawyer in Smithtown:
Many different factors need to be settled or agreed upon in a divorce court before your divorce can be filed and completed. After all the factors are settled upon, a Judge will sign off on it. In New York, after a Judge signs your Judgment of Divorce papers, and a clerk enters them, you are officially done with the divorce process and you are divorced. If you are seeking help from divorce lawyers in Smithtown, contact us at Simonetti & Associates and let us help you through the process.
