There are many different types of divorce in Albany, and the route a couple chooses to take to dissolve their marriage can greatly affect the futures of all involved parties. The process could be delayed for months if the two sides are not on the same page. To help keep your divorce moving forward smoothly, consider hiring a competent divorce attorney who has the experience to anticipate hurdles and make sure you have all of the necessary documents for whichever route your case takes.
The two main types of divorce available in Albany are contested or uncontested. A contested divorce involves parties who do not agree on the basis for the termination of their relationship, while an uncontested divorce would typically outline one of several reasons for the decision on fault-based grounds that both parties acknowledge.
Fault-based grounds can include:
Additionally, couples may choose a no-fault divorce if their differences are irreconcilable. This means the relationship has been irretrievably broken for a period of at least six months and does not require showing that any party acted wrongfully. No-fault is generally the most common type of divorce in our area.
There are multiple ways a party can be in non-compliance with a divorce. If the defendant does not answer the original pleadings or respond to the allegations of the divorce within a specific timeframe, they could be found in default.
If they do not respond completely, that might also lead to default, and the plaintiff may ask the court for whatever relief he or she is seeking without the defendant’s participation.
On the other hand, if one spouse is deliberately refusing to participate, then it might require more intervention from the court. This takes more time, costs more money, and will likely increase the stress levels.
In an uncontested divorce where parties come to an attorney with all the terms and conditions agreed upon and signed, it can be resolved in less than six months. Any type of divorce in Albany that requires litigation, extensive negotiations, and procurement of records takes 8-12 months.
There are several factors that can make the process longer. For instance, if either party articulates a fault-based divorce, the defendant could present defenses which require more proof, thereby extending the proceedings. With a no-fault divorce there is no recognized defense, so proof is not an issue.
The parties themselves, including their legal counsel, also set the tone for how long the case could last. If they are more litigation-minded, the process will go longer. The complexity and value of a couple’s marital assets can also make a case take longer, requiring a heavy procurement of documents. Tax returns, evaluations by experts, and business or real estate could require additional time. Finally, when children are involved, a fight over custody and visitation could make this a longer process.
Knowing how the courts operate, what the judges prefer, and how their clerks operate are all benefits that an experienced lawyer could provide. Attorneys who are familiar with a particular court could anticipate problems in advance.
They may have come across similar issues or circumstances wherein they would know how to properly avoid any sort of issue with the other party or the court. Most importantly, lawyers should set realistic expectations about the process and the outcome that parties should anticipate.
Whether contested or uncontested, fault or no-fault, the type of divorce you are pursing in Albany can have a substantial impact on your future. A dedicated attorney who regularly litigates divorce cases could make sure you are following the proper path laid out by local family courts. Call today for a free consultation.
Colwell Law
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