Family & Divorce Law

The Divorce Process

Each divorce has at least two issues. The first is the status of marriage: whether the couple should be married or divorced. This issue is separate and apart from the second — the personal issues. These are finances, child support, division of property and alimony.

At The Law Office of Thomas V. Sassone, P.C., we can help you resolve these issues by guiding you through the divorce process. Each divorce is unique, but your process might run like the divorce timeline below:

  • A case commences with the filing of a summons.
  • Parties exchange “net worth statements” of information. This is a legal requirement in most situations and the most important document in the case.
  • The attorneys usually begin to discuss settlement of the matter at this time.
  • If the parties can come to a full settlement of the case, the attorneys will draft the proper legal documents to complete the case.  The case will be submitted to the court for approval and no one will have to go to court.
  • If settlement cannot be reached at this time, the case may be submitted to the Court for the matter to move forward.
  • If the case goes to Court, your appearance in Court will be required. The Judge will set a series of dates within which various procedural aspects of the case must be completed.
  • Often, temporary orders are made regarding child custody and visitation, child support and spousal support /temporary maintenance while the case is pending.
  • The vast majority of cases settle at this point, often times with the help of the Court. However, some continue to proceed toward trial
  • Once again, if the case is not settled, the discovery process begins, in which other types of information (mostly financial) are exchanged. Discovery can include trading tax records, pay stubs and appraisals. In some cases, attorneys work with professionals who can evaluate the information and locate hidden assets.
  • Determinations are made regarding certain key issues: child custody and visitation, child support, property division and, sometimes, spousal support/maintenance (often incorrectly known as alimony).
  • After the discovery process is complete, the Court will seek to have a settlement conference to see if the parties can come to an agreement on the issues without the need for trial.
  • During the settlement process, if the parties have not done so already, they will go back and forth, negotiating the terms of the settlement. The Court can be of assistance in this process. Some matters may be resolved by papers to Court in order to minimize the amount of time you spend in Court.
  • Again, if the parties settle the matter, the attorney will draft the necessary final papers for the Court’s approval.
  • If the case cannot be settled, either a trial will be had on the outstanding issues or the parties may agree to have the Court decide based upon papers submitted by the attorneys.

At the end, judgment is entered. The judgment outlines the terms of your divorce.

We fully recognize that this is one of the most terrible and stressful times of your life, and we want to minimize the stress and pain. Therefore, we diligently seek to resolve all matters by settlement at every stage of the process and whenever possible. However, the decision to settle is not up to us, it is up to you. As we work for you, you will always be in control of your case.

Practice Areas:

  • Divorce
  • Custody Agreements
  • Marital Agreements
  • Child Custody
  • Child Support
  • Child Visitation
  • Property Division
  • Domestic Violence
  • Guardianship
  • Joint Custody
  • Spousal Support
  • Domestic Violence & Order of Protection
  • Abuse & Neglect

Contact a Nyack & Surrounding Areas Divorce Court Lawyer

Contact The Law Office of Thomas V. Sassone, P.C., in New City, New York, by calling 845 – 639 – 4664. You may also complete our online contact form to arrange a confidential free consultation with a Rockland County attorney about the divorce process.

 

Divorce Law

Thomas V. Sassone Criminal, Divorce/Family Law, Immigration, Traffic Law

Ada Lai Legal Assistant