Is Court Necessary for a Divorce in New York State?

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When you and your spouse cannot stay in a marriage and need to fully dissolve your relationship, you will likely turn to divorce. And depending on how well you and your spouse can work together to settle divorce terms, you may need to go to a New York divorce court. Continue reading to understand whether going to court is necessary for your divorce and how an experienced Bohemia, NY divorce attorney at Peter V. Mandi & Associates, Inc. can represent you.

Is court necessary for a contested divorce in New York state?

A contested divorce is necessary if you and your spouse cannot agree on divorce-related issues. In this case, you will most likely have to enter the litigation process, where a New York judge will decide on your divorce terms in a courtroom setting.

During litigation, the judge will hear both your and your spouse’s wants and needs and consider various other factors to ultimately settle the contested divorce terms for you. Some of the various divorce-related disputes that they will resolve read as follows:

  • Alimony: when you and your spouse cannot agree on whether one spouse is entitled to alimony payments for financial support.
  • Property distribution: when you and your spouse cannot agree on how to split up your assets that come with an emotional tie.
  • Child custody: when you and your spouse cannot agree on who should retain physical and/or legal custody of your child.
  • Child support: when you and your spouse cannot agree on whether one spouse should be required to contribute financially to your child.

For more, contact a skilled Suffolk County contested divorce lawyer.

Is court necessary for an uncontested divorce in New York state?

When you and your spouse can agree on the terms of their divorce, then it may be best to undergo an uncontested divorce. And, if you do not wish to hold one another responsible for the end of your marriage, you can cite no-fault grounds.

Commonly, divorce mediation is a type of proceeding that is used during uncontested divorces as you and your spouse work to reach conclusions regarding your marital issues. This process takes place with the assistance of an unbiased third-party mediator. This mediator, which may or may not be an attorney, listens to both sides and aids you and your spouse as you work towards reaching decisions on your own. This eliminates the need for the assistance of a judge and the need for a courtroom setting. Many spouses prefer this method of divorce, as the stakes are lower, and, in many cases, it saves them time, money, and privacy.

It is worth mentioning that an uncontested divorce can turn into a contested case quickly if you and your spouse cannot reach agreements regarding even just one key marital issue. If you require the assistance of a mediator to avoid this, contact a Suffolk County uncontested divorce lawyer.


If you require strong and dedicated legal representation through a divorce or family law matter in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today.

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