What Questions Should You Ask Divorce Lawyers in Buffalo NY?

Do you and your spouse intend to get a divorce or legal separation? Are you looking for Buffalo divorce attorneys you can rely on to help you navigate what can be an emotionally taxing and stressful process?

In our society, marriage is one of the most sacred and esteemed institutions. However, a large number of marriages end in divorce. According to the majority of data, between 40 and 50 percent of US marriages terminate in divorce. You cannot dissolve a marriage “outside” the law since it is a legal contract. Contact our divorce lawyers in Buffalo NY, today.

What Does a Divorce Entail?

A divorce is the formal procedure through which a couple dissolves their union. Due to its legal status, a court ruling is the sole way to dissolve a marriage. The plaintiff is typically the spouse who initiates the divorce, and the defendant is the other spouse.

Where to file for divorce?

Many divorces take place in court. The particular court that will supervise and award a divorce is the New York Supreme Court. In particular, people who live in New York must file for divorce in the county where they now reside. You might be surprised to learn that New York’s Family Courts do not grant divorces. Instead, family courts typically handle family law matters like paternity, child custody, spousal support (also known as maintenance), visitation rights, and child maintenance.

The couple’s level of cooperation during the divorce process may determine whether collaborative law or divorce mediation is an option. These extrajudicial techniques, however, are not appropriate for every divorce, particularly those involving abuse. Additionally, there are better options for partners who are willing to make concessions and cooperate in order to finalize the divorce. 

The prerequisites for obtaining a divorce

Before the divorce process can start, a person must fulfill two prerequisites. The pair must first meet the residence criteria. The couple must have lived in New York continuously for at least a year in order to file for divorce. The residency period is extended to two years if only one spouse resides in New York. Second, divorce grounds ought to exist. The following are recognized grounds for divorce in Buffalo NY:

• Inhumane treatment
• Abandonment
• Detention in prison for more than three years in a row
• Infidelity
• Legal dissociation

Contested vs. Uncontested Divorce

A divorce is “contested” in the following situations:

• One spouse is opposed to a divorce.
• On the grounds for granting a divorce, the couple cannot agree.
• The couple is at odds over how to split their money, assets, and parental duties.

“Uncontested” divorces occur when:

• Both parties desire the divorce, and they both agree on how to divide their assets, money, and parental duties.

Decisions Made in a Divorce

The court’s main goal is to grant the divorce. The divorce becomes official only if a court issues an order ending the marriage. The division of marital property, responsibility for children, and spousal maintenance are among the numerous difficulties that come with a divorce. Still, these can be settled out of court by couples. Couples usually disagree on how to resolve these concerns; thus, the court is often engaged.

Separation versus Annulment

An annulment declares that the marriage was never legitimate in the first place, whereas a divorce dissolves a legally recognized union. A spouse must demonstrate at least one of the following in order to get an annulment:

• At the moment of marriage, one partner was already married to someone else.
• Coercion or force was used to enter into the marriage.
• For at least five years, one spouse suffered from incurable insanity.
• The marriage contract was signed under pretenses.
• One partner lacked the mental capacity to comprehend the implications of marriage.