Even when a couple has been through relationship counseling and has done their best to save their marriage, sometimes the partnership has simply broken down to the point at which divorce is the best option. A divorce lawyer in Queens can help an individual who wants to end his or her marriage. Typically a divorce attorney only represents one person in the marriage even if the split is an amicable one. There is always the possibility that a disagreement will develop in the future over issues such as child visitation, child custody or spousal support, and the lawyer will not be able to represent both individuals if this occurs.
In decades past, divorce tended to be a more contentious process for the most part. Legal restrictions limited the ways in which divorce could take place. Typically, one party had to file for divorce by specifying the grounds for wanting the marriage to end. Those grounds may have included infidelity or abandonment, indicating that the other person was at fault. Another option would have been for the couple to live apart for the amount of time specified by law and then file for divorce.
Nowadays, the process is usually more streamlined unless one person in the marriage fights the divorce. New York State does require at least one party in the marriage to specify grounds, but these grounds can simply be based on the marriage having broken down irretrievably. This is essentially the same legal process as other states refer to as filing for divorce due to irreconcilable differences. This no-fault divorce tends to be the least stressful process. The couple is required to work out their legal agreements about child custody and all other relevant issues before the divorce is granted.
A divorce lawyer at Cobert, Haber and Haber still can assist a client with a fault-based divorce process, although this is a less common choice than it once was. The client may state that her husband engaged in physical or emotional abuse, that he was involved with another person sexually, or that he moved out or refused to participate in sexual relations with her for a certain length of time. Three years of continuous incarceration is another acceptable reason for at-fault divorce in New York.
