Divorce Law

Divorce Law: What You Need to Know
Divorce is a legal process that ends a marriage. It can be a difficult and emotional time, but it is important to understand the legal process and your rights.

The Grounds For Divorce:
The grounds for divorce vary from state to state. Some common grounds include:

Irreconcilable Differences:
This means that the marriage has broken down irretrievably and there is no hope of reconciliation.

Adultery:
This means that one spouse has had sexual relations with someone other than their spouse.

Physical or Mental Cruelty:
This means that one spouse has subjected the other spouse to physical or mental abuse.

Desertion:
This means that one spouse has left the other spouse for a period of time without a reasonable explanation.

The Process for Getting a Divorce:
The process for getting a divorce varies from state to state. However, the general process includes:

1. File for divorce: The first step is to file a petition for divorce with the court.
2. Serve the other spouse: The petition must be served on the other spouse.
3. Respond to the petition: The other spouse has a certain amount of time to respond to the petition.
4. Negotiate a settlement: The parties may try to negotiate a settlement agreement that covers issues such as child custody, child support, and division of assets.
5. Go to trial: If the parties cannot reach a settlement, the case may go to trial.
6. Get a divorce decree: If the court grants the divorce, the parties will receive a divorce decree.

Child Custody:
Child custody is one of the most important issues in a divorce. The court will decide what is in the best interests of the children when making a custody determination. There are two main types of child custody: physical custody and legal custody.

Physical Custody:
This refers to the child’s primary residence.

Legal Custody:
This refers to the right to make decisions about the child’s upbringing, such as education, healthcare, and religion.

Child Support:
Child support is another important issue in a divorce. The court will order one parent to pay child support to the other parent. The amount of child support will be based on the parents’ incomes and the needs of the children.

Divorce Mediation:
Divorce mediation is a process in which the parties work together with a mediator to reach a settlement agreement. Mediation can be a helpful way to resolve the issues in a divorce without going to trial.

If you are considering filing for a divorce, or are having a custody dispute, call Kratka Law Group now at 212-804-9054, or schedule your free legal consultation with the form below.