How does one choose an attorney when faced with the prospect or certainty of divorce? The answer to that question depends entirely on individual circumstances, as every couple (or family) has their own story, and their own distinct situation. But for almost 150 years, the divorce lawyers at MacVean, Lewis, Sherwin & McDermott, P.C. have been helping people successfully negotiate all the legalities involved with dissolving a union.

There’s never necessarily any one ethically "right way" to go about pursuing a separation. During a “no fault” divorce, a couple generally just cites “irreconcilable differences” as grounds for separation. Such arrangements almost always result in smoother and more amicable proceedings, which can usually be finalized out of court and with the aid of a mediator. Such options are similar to “uncontested” divorces, in which couples file paperwork in cooperation with each other, and mutually agree to let their lawyers work together to resolve their legal issues.

Couples who have been married for less than 5 years—and who don’t own a lot of property or have children—are also usually eligible for a “summary divorce,” which is a comparatively quick and easy procedure that also entails the cooperative filing of paperwork. And a “default divorce” is generally granted if you file for proceedings, but your spouse doesn’t respond to your request within a certain period of time.

A “fault” divorce, by contrast, involves specific grounds for separation—such as mental cruelty, adultery, or something else (the circumstances don’t need to be extreme, but they do need to be specific). Since “fault” divorces are almost always complicated and drawn-out, they necessitate scrupulous burdens of proof, and the legal work required is often significant. Especially if custody or division of property disputes are involved.

In short, the best way to decide what’s right for you is to consult an attorney who has the skill and experience to explain all your options to you, and that’s something that the firm of MacVean, Lewis, Sherwin & McDermott, P.C can do superbly. What's more, their attorneys also specialize in corporate law, employment law, commercial litigation, and a variety of other legal areas. 

To find out more, or to request a consultation, give the MacVean, Lewis, Sherwin & McDermott, P.C legal team a call at (845) 343-3000. Divorce may be life-changing, but the sooner you seek legal assistance, the sooner you and your family can start moving ahead with an optimistic outlook.