There are a host of reasons why relationships come to an end. When you find yourself at that cross-roads in life, we can advise you how to navigate the legalities and share with you what you need to know.
According to New York law, there are seven reasons for granting a divorce:
1. Cruel & inhuman treatment,
2. Abandonment of the Plaintiff by the Defendant for 1+ years,
3. Confinement of the Defendant in prison for a period of three or more consecutive years after the marriage,
4. Commission of adultery voluntarily performed by the Defendant with a person other than the Plaintiff after the marriage,
5. Living apart pursuant to a decree or judgment of separation for a period of one or more years, from initial judgement,
6. Living separate and apart pursuant to a written agreement of separation signed by the parties for a period of one or more years after the signing of the agreement,
7. Relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. This is also known as a No-Fault grounds for divorce and means a divorce is be granted after the parties or the court have resolved ALL outstanding marital issues. In the previous 6 reasons for divorce require the party provide proof before a final determination can be made on finances and custody.
What Happens in Mediation
During mediation, an impartial third party assists you in concluding a documented plan that addresses all of the issues that should properly be resolved in your separation and divorce. In order to help you accomplish this, your mediator will provide:
Few couples are familiar with all of the financial and legal aspects of their divorce. In fact, they commonly feel lost and disoriented. Your mediator ensures that you have all of the necessary information you need, and gives it to you both verbally and in writing… all of the resources necessary not only to make informed and intelligent decisions but also to understand the weight and consequences of those decisions.
Respect for Each Other:
Every mediation process and the setting it takes place in should be orchestrated to promote respectful and constructive discussions between the parties involved at all costs, to move through to as positive conclusion as possible. There is always time to take the time to do it right.
We will help you to not waste your time in mediation but work constructively toward resolution of the more difficult issues. While we take care of the draft pleadings and other documents, make motions, appear in court to answer the calendar or ask for an adjournment, we also take care to spend your time constructively, addressing the problems which must be resolved. Done in an open environment, calmly and in an organized fashion, we promote an increase in the likelihood that your discussions will prove successful in the shortest possible time.
Your final agreement will take much less time and cost less than if things become locked in adversarial divorce proceedings.
While there are still vitally important matters to conclude, you can expect to get down to the business at hand in a planned, controlled and highly professional way. Your agreement will be complete, more quickly for less. We look at today’s issues as well as tomorrow’s to ensure you are prepared to step into the future realistically with the best possible outcomes.
Signing to Legally Separate & Divorce:
Legal separation is accomplished by signing your Separation agreement - that means you will be legally separated, but still married. You each have the right to live separate and apart and to conduct and comport yourselves in all respects as if you are not married.
Upon concluding your agreement, things can go one of two ways…
1. You can remain legally separated or
2. You can end your marriage by getting a divorce.
If you both wish to do this, contact us at Gavenda Law to prepare and process all of the papers through the court system for you to obtain your uncontested divorce. We would like to help you through any way we can, to help make a very difficult time a little easier.
Give us a call at Gavenda Law today to consult about your situation, answer your questions and advise you about the best course of action for you. If you would like to protect yourself and your personal interests while exiting a broken relationship, we can help because we know how to support you through the process.