Best Divorce Attorney Westchester
If you are looking for the best divorce attorney in Westchester contact Gregory Salant of Harold, Salant, Strassfield & Spielberg.
When a couple decides to part their ways, they have to go through the divorce process. If the couple seeking divorce has been married for a relatively short period of time, have no children, and little property or debt, their divorce process may require less time. However, if the couple has been married for a long period of time, have minor children, and there is significant property or debt to divide, that divorce process may require more time. Below is an overview of the divorce process--
Filing a petition:
The first step in the divorce process. When spouses agree to get divorced, one of them will have to file a petition with the court asking for a divorce. The petition will mention the grounds for the divorce. The grounds may vary depending on the jurisdiction.
When one spouse has custody of children or if the spouse is dependent on the other for financial support, that spouse can ask the court for temporary orders for support and custody. The court may grant a temporary order within a few days and it may remain effective until a full court hearing. If the spouse seeking the temporary order is the one filing the petition, he/she should file them together.
Service of process:
Proof of service of process must be filed by the party who files for divorce. Service of process is a document that shows that a copy of the divorce petition was given to the other party. If the spouses mutually agree on the divorce, the party who filed for divorce should arrange for service of process to the other party’s attorney.
The party who receives the service of process must file a response to the petition. The responding party can dispute the grounds for divorce in the response. Disagreements related to property division, support, custody, or any other issue should be set out in the response.
If there are disagreements on issues between the spouses, they will need to negotiate their differences through settlement conferences arranged by the court. Child custody and visitation, property division, spousal support issues can be negotiated in these conferences.
When spouses are unable to resolve certain issues, they will have to take those issues to trial. Going to trial will take longer, cost more money, and have less predictable results. It is advisable to avoid going to trial.
Order of dissolution:
An order of dissolution ends the marriage. It spells out how the property and debts are to be divided and any other issues. Parties can negotiate their own resolution to the issues, draft the order of dissolution and submit it to the court. If it complies with legal requirements, the judge will approve it.
Need help with divorce? Contact the best divorce attorney in Westchester, Gregory Salant, at email@example.com or call 914-683-2500 for a free consultation. He is knowledgeable, determined and compassionate and will take the time to explain your legal rights in terms you can understand.