Divorce is often a very emotional time for a couple. Add in the legal aspect, and it can be both mentally and emotionally draining. An attorney can help you cope with the divorce process by handling the legal aspect, which will allow you to focus on getting started with your new life.
There are two types of divorces – uncontested divorce and contested divorce.
When a divorce does not have to be resolved in Court, it is called an uncontested divorce. In uncontested divorces, the spouses are able to reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move more quickly through the Court system and are less expensive than contested divorces. Every couple seeking a divorce should try to work out the terms of the separation prior to going to Court; either amongst themselves or through mediation or arbitration (with or without an attorney).
When a couple cannot work out mutual terms of the separation due to complex issues such as high financial stakes or custody battle for children, the couple will have to have a contested divorce. In a contested divorce, the couple will have to go to trial and have the Court decide the unresolved issues.
If there are children involved, a Child Custody Agreement or a custody battle in Court can take on a life of its own.
Alternatively, in order to avoid the time needed to resolve a contested divorce as well as the exorbitant amount of legal fees that each spouse is sure to incur, every couple that is planning on getting married should get either a pre-nuptial agreement or a post-nuptial agreement.
A pre-nuptial agreement is a contract entered into prior to marriage by the couple. The content of a pre-nuptial agreement can vary widely, but commonly include provisions for division of property, spousal support, and custody of existing or future children in the event of a divorce. They may also include terms for forfeiture of assets as a result of divorce on the grounds of adultery.
A post-nuptial agreement works exactly like a pre-nuptial agreement. The only difference is that the spouses enter into a post-nuptial agreement after the marriage whereas the spouses enter into a pre-nuptial agreement prior to the marriage.
For more information with regard to divorces and pre-nuptial or post-nuptial agreements, please contact the Law Office of Lee & Miao, PLLC at (646) 559-2321 or visit our website at www.leemiaolaw.com.