Understanding What You Will Face in Court
Many of our clients are fearful of going to divorce court. Inaccurately educated by television shows and the media, they believe divorce court will be a traumatic event filled with arguing and emotional agony. This isn’t the way things have to be.
Brooklyn Divorce Court
At Angela Scarlato & Associates, P.C., P.C., our Brooklyn divorce court lawyers take the time necessary to fully prepare you for the court process. By the time your case goes to either family court or the Supreme Court, you and your legal team will have a strategy in place to achieve your goals while protecting you and your future. You will know what to expect and have the legal support you need to make it through.
New York Supreme Court and Divorce
Your first time in court will always involve a preliminary conference, even if you are there on a motion, or court order. Both parties and their respective attorneys will set forth an agreement that becomes an order on what they can and cannot agree upon. This includes all of the major issues of the divorce case:
- Grounds for divorce
- Who will have child custody
- The amount of child support and/or spousal support
- Whether an order for protection is required
- Whether the you agree upon equitable distribution
During this portion of divorce court, both you and your spouse will have an opportunity to state whether you agree to a resolution or not. If you resolve an issue, you cannot change your mind unless you show that there is good cause.
Then, scheduling of the case is set forth. Both parties agree on dates to exchange financial information and dates to have depositions, if required. The parties also consent to which experts may be appointed by the divorce court to do property valuations and any other orders that may be necessary.
New York Family Court
Issues involving child custody, visitation or modification of an existing order are resolved in family court. You can expect the court to take baby steps as their main concern is what is in the best interests of the child. The court will want to have as many facts as possible and may appoint an attorney referee to attend to your case before a magistrate becomes involved.
Setting Expectations for Your First Day in Divorce Court
One thing that you can expect when you go to court is to wait. The courts are busy. You are not the only case. You need to be there on time, but have to wait for the judge to be ready for you.
Don’t expect to get what you want the very first day you get there. You know your case, but everyone else has to familiarize themselves. If custody is an issue, you can expect that an attorney will be appointed for your child and you will be expected to pay a portion of the attorneys’ fee.
Contact a Brooklyn Divorce Agreement Lawyer
To understand divorce court and divorce agreements from the specifics of your particular circumstances, call 718-683-1780 or contact us online. Our firm represents clients throughout the Brooklyn area.