Law

How to Make a Divorce Claim in Queens County

The procedures of filing for divorce can sometimes be complicated. Family lawyers can file a lawsuit and guide you through the entire process. It must be noted, however, that hiring an attorney can involve a high cost. In cases where the couples do not have any serious disagreement, it’s better to seek a family lawyer just for legally finalizing the process. 

Making a claim for divorce

Laws differ from one country to another. In Queens County, a couple must be married for at least a year before being allowed to file for divorce. The couple must also provide a good reason for divorce known as “ground for divorce”

In the initial step, divorce lawyers in Queens County will assess whether the couple has a reasonable ground for divorce. Some elements considered include adultery, desertion, unreasonable behavior, at least two years of consensual separation, at least five years of non-consensual separation.

Procedures for filing a divorce lawsuit

Couples can make a divorce lawsuit to a court of law by themselves; however, when using the service of a family lawyer, the divorce attorney will file the petition form for you. These forms are found online or can be obtained at a Queens County courthouse. Both partners have to file a petition form. If one partner files a petition form, the other partner will receive by mail a counter petition form from the courthouse where he/she can agree or disagree with the divorce claim.

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The Decree Nisi

If neither partner contests the divorce claim, the divorce attorney will file what is known as the “Decree Nisi”. Without any disagreement and having obtained a Decree Nisi, the couple will go to a court hearing to file a statement of truth and be declared legally divorced.

Family lawyers play a more significant role when there are serious disagreements between the couple. The family lawyer will then help the couple file for a divorce claim and assist them to reach an agreement either out of court or in court with regards to serious matters of disagreement.

Now that you are aware of the process by which you can make divorce claims, it is time to pay attention on the ways by which you can choose the right attorney. When choosing a family lawyer, there are certain aspects that you need to consider. Some of those are mentioned as follows:

  • Ask for referrals.
  • Do not make a random decision. Be sure to talk with at least 3 to 4 lawyers and then opt for one.
  • Choose a professional, who has a credible reputation in the legal community.
  • Select an attorney, who has an adequate working experience and could handle all sorts if family issues.
  • Make sure the attorney you are opting for is available to listen to your concerns and is empathetic towards your situation.

Keeping the aforementioned pointers in mind would let you choose an efficient family lawyer, who would represent your case the best.

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