Holtsville NY

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A divorce is a difficult time for every party involved, with emotions flaring and people not sure what will happen next. Although contacting an attorney may seem like a big step, it’s a necessary part of navigating a separation. Here are some of the things that a divorce lawyer will explain to you.

Mediation Is Not the Same as Divorce in Holtsville NY

One of the most popular alternatives to divorce is mediation. The mediation process is an intervention in a dispute with the intent of resolving it; essentially, it is arbitration. In mediation, the arbitrator assists the two parties, in this case the couple seeking to dissolve their legal relationship, in an effort to negotiate a settlement. Unlike a dispute resolution that involves the court, this alternative form of dispute resolution is voluntary and possibly enforced by law.

What many people may not realize about mediation is that much of the process depends on the skill level and training of the mediator. Therefore, mediation often leads to inconsistent results. True, the costs are relatively low in comparison to using professional legal services; however, there is the possibility that the negotiations won’t render desirable results, specifically a settlement. By procuring a divorce lawyer, not only is there a greater likelihood of obtaining a more desirable settlement, but also the certainty of obtaining one that is enforceable by law.

Living Separately Doesn’t Automatically Mean Dissolution in Holtsville NY

The truth of the matter is that living “pursuant to a separation agreement for a period of one year” does not automatically constitute a divorce. Legal papers still need to be filed with the appropriate County Clerk’s office in order to ensure a legalized separation. It is only after those papers are filed and recognized by the courts that the dissolution proceedings officially commence. Unfortunately, the period of separation before the filing only constitutes abandonment, but this is grounds for the legal dissolution of the marriage.

Spousal Support Is Not the Same as Alimony

More often than not, people tend to think that spousal support and alimony are synonymous with each other, but they really aren’t. Spousal support refers to the payments made directly from one spouse to the other, while alimony requires a third party to intervene in order to accept payments on behalf of the other party. Divorce lawyers want you to know that spousal support is also broader in scope and typically arises out of a general obligation statute.

Visitation and Child Support Go Together in Holtsville NY

In the courts, visitation and child support are viewed separately; therefore, you should view them separately as well. With respect to child support, attorneys always advise the person paying child support to not neglect their court-mandated responsibility out of spite if they are denied visitation with their child or children. Doing so will only exacerbate the issue. Instead, continue to make your payments, and in the meantime ask your divorce lawyers to file an application for custody, a transfer in child custody, or an order of visitation. In other words, use the law, and don’t take matters into your own hands.

Serving Holtsville, NY and Nearby Areas

Find a Lawyer and Get Help, Now!

Call Now for a Free Consultation

Call Us 855-405-6332

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