If you are getting divorced and you believe it will be litigated, knowing the road ahead is best. While some couples can file for an uncontested divorce after resolving their marital issues, others may need to request a judge’s intervention. Filing a Complaint for Divorce is the first step. In that, a person will cite grounds for the divorce and satisfy the residency requirement. The other party should be served within the time permitted. The couple will often file motions for temporary support also known as pendente lite and temporary custody arrangements until a final order can be decided. The parties will share financial information, including a net worth statement, to ensure that all parties have a clear understanding of the financial situation. The Compliance Conference ensures that all parties have the information they need to move on.
Exploring the practicality of alternative dispute resolution
The court will spend some time to see if there is any way the couple can resolve their issue without a trial. This may include mediation, arbitration, an early settlement conference, and other forms to reach an agreement without involving the state.
The trial is where the couple meets in court. The judge will hear sides, see evidence, and hear testimony from witnesses that support each side. Once completed, the judge will make decisions on all unresolved marital issues.
Finalizing a divorce
Once the judge decides on the issues of the case, the court will issue orders accordingly. The divorce is finalized through a Judgment of Divorce. Either party has the right to appeal within a certain period of time. The court is open to hearing requests for modification or enforcement in the future.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.