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Matrimonial and Divorce Law Unfortunately, sometimes marriages do not work out the way you may have expected. Some people try to get divorced without attorneys. A divorce is usually a bigger event than a real estate transaction, and chances are you would not buy or sell a house without counsel!
Therefore, as your Mahopac divorce and matrimonial lawyer, I strongly encourage people to obtain the counsel of their choice when reviewing a proposed divorce separation agreement or stipulation of settlement. In fact, when you retain this office for a divorce, if your spouse has no attorney, this office will recommend that he or she obtain one. This way, if your spouse ever challenges an agreement and claims he or she did not know what he or she was signing, it will be extremely difficult for a Court to invalidate part or all of the agreement.
Courts grant two types of divorces: contested and uncontested. Uncontested divorces result where the parties agree on the terms, and the only judicial intervention they require is for a judge (or in certain larger counties in New York State, a Court Attorney-Referee) to sign a Judgment of Divorce. In Connecticut, you will need to appear before a judge to show to him or her that you each understand the agreement and that it is not substantially unfair to one party.
For certain separating or divorcing couples, I offer mediation services as an impartial mediator, providing recommendations and solutions based upon the divorce laws. I make it clear to both parties that I cannot give legal advice to either party, that each party should have the attorney of his or her choice review any agreement, and that if negotiations fails, I cannot represent either party as an attorney.
Contested divorces occur where at least one party requests judicial intervention. This could come in the form of a scheduling conference or a motion for temporary relief, such as child support, custody, maintenance, or even attorney's fees. Jonathan M. Victor, Esq. has significant experience drafting and arguing for these so that parties and their children receive the care they need, as well as defending against these to make sure that people do not get saddled with disproportionately unmanageable obligations. Call (914) 263-9779 for a free consultation with your Mahopac divorce lawyer.