If you get divorced through the process of litigation, many of the matters of your divorce will be determined by a judge. Read on to learn more about the steps of the process, how a court makes decisions, and what to do if you are unhappy with the outcome of your divorce.
The Steps of the Process
When it comes to a New York divorce, you will go through the following process:
- Complaint for Divorce
- In this document, you will cite the grounds for divorce and request any relief you may need (child support, child custody, spousal maintenance, legal fees, etc.).
- Parties will exchange information with each other and with the court to paint a clear picture of the financial situation of the marriage.
- Compliance Conference
- This conference ensures that all parties have the information and resources they need to move forward with the process.
- Potential Trial
- Some couples do not go to trial and instead resolve matters of their divorce outside of court. This can occur through mediation. Mediation involves a neutral third party helping couples navigate the contested matters of their divorce. If mediation is not possible, a divorce may be litigated. This means a judge will make decisions regarding your divorce. These decisions can be appealed by you or your spouse.
How are Matters of my Divorce Decided?
When a judge makes a decision, he or she works to ensure that the outcome is fair to both parties. For example, when making a decision about custody, a judge may consider the following factors:
- Each party’s ability to provide financially for the child
- The stability that each parent can provide
- The ability of the parent to act in their child’s best interests
- Each party’s relationship with the child
- Each party’s history of domestic violence and substance/ alcohol abuse
- Each party’s mental and physical health
- Each party’s work schedule and lifestyle
- The health and age of the child
- The preference of the child, if of sufficient age
Filing an Appeal
If you are unhappy with a decision made by a judge, you may be able to appeal it. You can file an appeal regarding almost any decision made by a judge, including child custody, child support, spousal support, division of assets, attorney’s fees, and more. This process can be difficult, so you should reach out to an experienced attorney as soon as possible. Once all outstanding matters are resolved, your divorce can be finalized with a Judgment of Divorce. This document will include the terms of the divorce.
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Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.