Facing a divorce action is not fun by any account, however, if you are aware of what lies ahead and what to expect it can at least be less painful. The rules that apply to divorce proceedings do vary from jurisdiction to jurisdiction but the one commonality is that couple should take stock and decide before the proceedings begin to hire a Suffolk County divorce lawyer. To ensure the proceedings go as smooth as possible there are also a few best practices that should be followed.
The first step is important; are you one hundred percent sure that a divorce is really what you both want? It is amazing how many couples end up reconciling after a year or so and gets remarried; a divorce is a very expensive and time consuming undertaking and now is the time to discuss whether or not there is a possibility that the divorce can be avoided. Many couples find that going to a marriage councilor can help them get to the root of their problems while others have a trial separation before they elect to push through with a divorce. Although a trial separation is often a good idea the couple must not lose sight of the fact that they are still married and conduct themselves accordingly.
If, after discussing the situation there is no hope of reconciliation the next step is to decide how the divorce will be handled. Your Suffolk County divorce attorney will discuss with you in detail the differences between a no-fault and at-fault divorce. Although the rules do vary the majority of couples elect to pursue a no-fault action. A no-fault divorce is one where the parties both agree to the divorce and they consider that there is no hope of ever reconciling. In most jurisdictions the petition for divorce can be filed immediately with no cooling-off period.
In contrast to a no-fault action, one of the partners in the marriage may petition the court, asking the judge to rule that the other partner is at fault. There are a number of reasons for claiming this, perhaps it was a case of battery or physical assault, emotional abuse, adultery or one’s inability to perform in the marriage bed. In some states it is advantageous to file an at-fault divorce; it may be that a no-fault divorce requires that the couple agree to a trial separation while an at-fault divorce can be granted quickly. A Suffolk County divorce lawyer will point out that an at-fault divorce is often more expensive, it also can get messy as the “dirty laundry” will be brought out and aired publicly.
If your marriage is irrevocably broken down and there is no chance of reconciliation then it’s time to hire a Suffolk County divorce lawyer. You are invited to contact Ketover & Associates, LLC, Attorneys at Law.
