Answers to Common Questions About Divorce and Annulment
Attorney Jill Stanley of PROOF is happy to provide recommendations for a top divorce lawyer New York City residents choose when they are in need of counsel and advice.. In advance of speaking with any lawyer, the following answers to common questions may be helpful.
Because every case is unique and needs and situations differ from family to family, there is no substitute for speaking with a top divorce lawyer New York City spouses turn to when marital bliss is clearly no longer the status quo. Many lawyers offer free, no-obligation initial consultations so with any recommendation, try to meet with a prospective attorney-it will prove to be very useful. For a sensitive matter such as divorce, it is critical that you feel supported by and have trust in your attorney.
Where are divorce cases handled in New York?
The only court in New York state that handles divorce cases is the state’s Supreme Court. The only person who can grant a divorce in the state is a New York Supreme Court judge. Supreme Courts are located throughout the state and are very accessible.
How long will my divorce case take?
As mentioned, divorce is emotional, stressful and rarely easy. If both parties can agree to custody, division of assets, and other key factors surrounding the dissolution of the marriage then the process will move more quickly than if spouses are fighting over everything from the family dog to the record collection.
What is an annulment?
An annulment is a declaration that the marriage is not, and never was, legally valid.
How does a marriage qualify for an annulment versus a divorce?
A top divorce lawyer in New York can review your case to determine if it qualifies for annulment. Generally speaking, at least one of the following criteria must be proven to be true:
- Bigamy. One or both spouses must have already been legally married to another individual at the time of the current marriage. This will likely require official documentation to back up this claim.
- No consummation. One or both spouses was unable to sexually consummate the marriage and the condition was not curable. It may be necessary to hire medical experts to testify, submit medical records, and other proof.
- Forced marriage. At least one of the spouses was forced into the marriage, usually from an outside source or by duress from the other spouse. Witnesses who can testify to the veracity of this claim help to prove such a claim.
- Fraud. One spouse acted fraudulently with the intent of coercing the other into marriage. For example, one spouse only married the other for his/her money, and not for love. Evidence can include witness testimony, written documentation, and receipts of expenditures.
Do I need to hire a top divorce lawyer New York City residents recommend?
Divorce is rarely a simple matter and with all the emotions and stress tied to it, having a skilled lawyer can help in many ways, and not just legally. If there is no property, no children, and no other assets, and the divorce is all-around uncontested then a lawyer may not be necessary but remember cases that appear to start out as uncontested often change to contested during the heated process of divorce so it is best to be prepared and represented or, at least, it would be wise to speak with a top divorce lawyer NYC spouses consult in family matters. Bottom line? It is often in everyone’s best interest to hire an experienced attorney.
Contact Jill Stanley of PROOF without delay to find a top divorce lawyer New York City area residents trust to protect their rights and their families.