Divorce Process: How to File for Divorce in New York
Divorce Process: How to File for Divorce in New York
|1||Meet residency requirements by living in New York for at least two years.|
|2||Determine the grounds for divorce, such as adultery, abandonment, or irretrievable breakdown of the marriage.|
|3||Prepare and file the necessary paperwork, including the Complaint for Divorce, Summons, and Verified Sworn Statement.|
|4||Serve the paperwork on the other spouse, either through personal delivery or certified mail.|
|5||Wait for the other spouse to respond, either by consenting to the divorce or filing a counterclaim.|
|6||If the other spouse does not respond within a certain time frame, file a Request for Judicial Intervention to move the case forward.|
|7||Attend court hearings and conferences as necessary, including a preliminary conference and potentially a trial.|
|8||Receive the final Judgment of Divorce, which legally ends the marriage.|
Understanding Divorce in New York
It’s important to note that New York allows for both fault-based and no-fault divorces. In a fault-based divorce, one party alleges wrongdoing on the part of their spouse as grounds for seeking a dissolution of marriage. Grounds for fault-based divorces in New York include adultery, abandonment, cruel and inhumane treatment or imprisonment. No-fault divorces do not require either party to prove any kind of wrongdoing; rather they simply assert irretrievable breakdown of the marriage as grounds for seeking a dissolution.
If you’re considering filing for divorce in New York, it’s advisable to consult with an experienced family law attorney who can guide you through each step of the process while protecting your rights and interests along the way.
The Definition of Divorce
- Divorces can take anywhere from several months to several years to complete
- You will need to make decisions about property division, child custody and support, alimony (also known as spousal maintenance) and other issues
- If your divorce is contested (meaning that you and your spouse cannot come to an agreement on certain issues), you may need to go through mediation or litigation in order for those matters to be resolved
Types of Divorce in New York
In addition to these types of divorces, there are also different ways to proceed with a divorce:
- Mediation: A process where both parties work together with a neutral mediator to come up with an agreement regarding all aspects of their separation without having to go through litigation.
- Litigation: If mediation is unsuccessful or if one or both parties refuse mediation then they may have no other choice but litigate (go through court proceedings).
In a contested divorce, one or both parties disagree on the terms of the separation. This can lead to lengthy court proceedings and higher legal fees. Here are some key things to keep in mind if you’re facing a contested divorce:
- You will need to hire an experienced family law attorney who is familiar with New York’s divorce laws
- The discovery phase: Both sides exchange documents and information related to assets, income, debts, etc., through what is known as “discovery.”
- Negotiation: The attorneys for both sides negotiate back and forth until they reach an agreement (which may take several months). If no agreement is reached then it goes on trial.
If you are able to come to an agreement with your spouse about these issues, you may be eligible for an uncontested divorce in New York. To proceed with this option, you will need to file a “no-fault” divorce claim where both parties agree that the marriage has been irretrievably broken down for at least six months. The court will review your paperwork and if everything is in order, issue a judgment dissolving the marriage without requiring further litigation.
An uncontested divorce can be a great way to save time, money and emotional energy during what is typically a difficult process. However, it’s important to make sure that you fully understand all of the legal implications before proceeding with this option.
If you’re seeking a default divorce in New York, there are specific steps you’ll need to take:
- You must file a summons with notice or complaint for an action for divorce
- You must serve those papers on your spouse personally or by mail (depending on their location)
- Your spouse then has either 20 or 30 days depending on their location before they are considered in default
- Once that time period has passed without any response from your spouse, you can file a request for judicial intervention which essentially asks the court to schedule a hearing where the judge can grant you an uncontested divorce
If you meet these requirements, then you may be able to file for a summary divorce. The process is typically quicker and less expensive than a traditional divorce since there are fewer issues that need to be resolved.
Grounds for Divorce in New York
- Cruel and inhumane treatment
In addition, New York also allows for a separation agreement as a basis for filing a no-fault divorce after living apart pursuant to an executed separation agreement.
If you’re considering filing for divorce in New York, it’s important to understand the available options and seek legal advice from experienced family law attorneys who can guide you through every step of the process while protecting your rights and interests along the way.
No-fault divorce is a legal provision that allows couples to file for divorce without providing specific reasons or allegations of wrongdoing. Here are some things you need to know about no-fault divorce:
- In New York, a spouse can seek a no-fault divorce by claiming that the marriage has irretrievably broken down for at least six months.
- Under this type of filing, neither party needs to prove any kind of fault or wrongdoing on the part of their partner in order to be granted a dissolution of marriage.
- The process for obtaining a no-fault divorce is typically faster and less expensive than fault-based divorces, as it eliminates the need for lengthy court proceedings to determine who was at fault in ending the marriage.
While New York is a no-fault state and it does allow couples to get divorced without having to establish grounds for doing so, there are certain advantages to pursuing a fault-based divorce:
- If you can prove your spouse’s wrongdoing in court then this could impact how assets are divided or whether spousal support will be awarded
- If you’re seeking sole custody of your children then establishing your spouse’s misbehavior may help sway the judge in your favor
Filing for Divorce in New York
It’s important to keep in mind that every divorce case is different and may require additional steps depending on individual circumstances. Consulting with an experienced family law attorney can help ensure that all aspects of your case are handled properly.
Residency Requirements for Filing
In addition to these residency requirements, it is important to note that there is a waiting period before a judge will grant your divorce. This waiting period can vary depending on whether you are filing a fault-based or no-fault divorce:
- No-fault divorces: require that the couple has been living apart from each other under separate roofs continuously for at least six months before they can file their petition.
- Fault-based divorces: do not have this requirement but may take longer due to additional litigation needed because they often involve contested issues.
Preparing the Divorce Papers
Once you have decided on the type of divorce that is right for you, it’s time to prepare the necessary paperwork. Here are some key steps:
- Determine which forms are required: New York State requires different forms depending on whether your divorce is fault-based or no-fault.
- Gather financial information: You will need detailed information about your income, expenses, assets and debts in order to complete the necessary financial disclosure forms.
- Complete the forms: Be sure to carefully follow all instructions when completing each form. Mistakes or omissions can cause delays in processing your case.
Petition for Divorce
Once this has been filed, there are a number of steps that will need to be taken:
- Serve your spouse: You will need to have your spouse served with a copy of the Petition for Divorce along with other documents such as Notice of Automatic Orders and Summons
- Response: Your spouse then has an opportunity to respond within a certain period of time (usually 30 days)
- Preliminary Conference: A preliminary conference may be scheduled where both parties come together and discuss issues related to property division, child custody etc.
The Summons with Notice must be properly served on your spouse either by personal delivery or through an alternative method such as certified mail if personal service cannot be made.
If your spouse agrees to all terms of the divorce then they can sign an Affidavit of Consent which acknowledges their agreement and waives their right to receive formal notice of legal proceedings. This document is filed along with other required documents including financial disclosure statements from each party.
Affidavit of Service
Once you have filed your paperwork, you must serve the divorce papers to your spouse. This is called an “affidavit of service.” Here are a few things to keep in mind:
- The affidavit of service is a legal document that confirms your spouse has been served with the divorce papers.
- Your spouse can either accept the papers voluntarily or be served by a process server or sheriff’s deputy.
- If they cannot locate your spouse, you may need to publish notice of the divorce in a local newspaper for several weeks as an alternative means of serving them (known as “service by publication”).
Filing the Divorce Papers
After completing these steps, it’s important that you properly serve these documents on your spouse. This means that they must receive copies of everything filed with the court so they can respond accordingly. If both parties agree on all terms of their separation then it is possible that they may not need an attorney however this should be evaluated on a case-by-case basis.
If you’re concerned about these costs but still want to move forward with your divorce, it’s important to talk to an experienced family law attorney who can help guide you through each step of the process while keeping expenses manageable. They may also be able to discuss alternative methods such as mediation that could save both parties time and money in the long run.
Serving the Papers
Your spouse will then have a certain amount of time (usually around 20-30 days) to respond once they receive their copy. If they do not respond within this timeframe, it could result in a default judgment against them. If they do respond and contest any part of the divorce proceeding it may lead into further legal action such as mediation or litigation.
Response to the Divorce Papers
After the initial divorce papers are filed, the respondent (the non-filing spouse) has a certain amount of time to respond. This is usually 20-30 days, depending on the jurisdiction.
The respondent’s options for responding to the divorce papers include:
- Filing an answer: The respondent can file a formal response with the court stating their position on each issue raised in the petition.
- Default judgment: If the respondent fails to respond within a specified period of time, they may lose their right to contest any of the issues and risk having a default judgment entered against them.
If you are served with divorce papers in New York, it is important that you seek legal counsel as soon as possible so that you fully understand your rights and options before responding or taking any other action in your case.
When one party files for divorce in New York, the other party has a certain amount of time to file an Answer. An Answer is a document that responds to the original filing and can include any counterclaims or defenses.
If you are served with divorce papers in New York, it’s important to speak with an experienced family law attorney as soon as possible. Your attorney can help you prepare your Answer and make sure that your rights are protected throughout the process.
A counterclaim is essentially a claim made by the defendant against the plaintiff that seeks relief from some of all of what they are asking for in their original complaint. Some common examples of counterclaims include:
- Asking for custody or visitation rights if your spouse has asked for custody
- Seeking alimony if your spouse has requested it
- Requesting child support if you have primary physical custody of any children involved
- Asking for exclusive possession of marital property (such as a home or car)
If you are considering filing for divorce or have been served with papers, it’s important to consult with an experienced family law attorney who can help guide you through every step of this process, including potential counterclaims and defenses.
If you’re going through a divorce in New York, it’s important to understand what kinds of temporary orders may apply in your case. An experienced family law attorney can help guide you through this complex process and ensure that your rights are protected at every step along the way.
Custody and Visitation
One of the most difficult aspects of divorce is determining child custody and visitation. New York courts generally prefer that both parents continue to have a relationship with their children after the divorce, but ultimately make decisions based on what they believe is in the best interests of the child.
If you and your spouse are able to come up with an agreement regarding custody and visitation, it will be reviewed by a judge to ensure that it meets certain legal requirements. If not, then a court hearing may be necessary where each side presents their case for why they should have primary custody or shared parenting time.
- Legal Custody: Determines which parent has decision-making power over major life events such as education, medical care and religion
- Physical Custody: Determines where your children will reside primarily
- Visitation rights: Determine how much time each parent will spend with their child(ren)
If you are going through a divorce with children involved, it’s important to work with an experienced family law attorney who can help you navigate the complex process of determining child support obligations. A knowledgeable attorney can also ensure that your rights and interests are protected throughout every step of the process.
- The length of the marriage
- The age and health condition of both spouses
- The current income and earning capacity of each party
- The non-monetary contributions made by each party during their marriage (e.g., caring for children)
Exclusive Use of Marital Home
If you are seeking exclusive use of your marital home during your divorce proceedings, it’s important to work with an experienced family law attorney who can help you build a strong case and advocate for your rights in court. Additionally, if you have concerns about safety or security while living in the home during this time, speak with your attorney about obtaining a protective order to ensure that you are able to stay safe and secure throughout the process.
Discovery Process in Divorce
The discovery process typically involves:
- Interrogatories: written questions sent by one party to the other which must be answered truthfully under penalty of perjury
- Request for Production: demands for documents or tangible items such as bank statements, tax returns etc.
- Depositions: oral testimony given under oath where each party answers questions from their spouse’s lawyer about issues related to the case
If you’re going through a divorce in New York, it’s crucial that you work with an experienced family law attorney who can guide you through every step of the process and ensure that your rights are protected throughout. An attorney can also help ensure that your interests are fully represented during the discovery phase so that there are no surprises down the road.
Disclosure and Discovery
In addition to disclosure, discovery is also an important part of the divorce process. Discovery refers to the exchange of information between both parties in order for each side to prepare their case. This can include:
- Interrogatories: Written questions that must be answered under oath
- Requests for Production: Requests for documents such as tax returns or bank statements
- Depositions: Testimony taken under oath outside of court proceedings
The goal of disclosure and discovery is to ensure that both parties have a complete understanding of the other’s financial situation so that they can come up with a fair and equitable settlement agreement or prepare their case for litigation.
During the discovery phase of a divorce, both parties may be required to provide information about their finances, assets and other matters through a process known as interrogatories.
- Interrogatories are written questions that one party sends to the other in order to gather information about various aspects of their marriage and separation
- The receiving party is typically required by law to respond within a certain amount of time (usually 30 days)
- Failing to respond or providing false information can result in legal consequences
If you receive interrogatories during your divorce proceedings, it’s important to take them seriously and provide accurate answers. An experienced family law attorney can help ensure that you comply with all legal requirements while also protecting your rights throughout the process.
Request for Production of Documents
One important aspect of the divorce process in New York is the Request for Production of Documents. This legal request requires each party to provide specific financial documents and other evidence related to their marriage, assets, debts, income, and expenses.
- Some of the most common documents requested include tax returns from the past several years; bank statements for all accounts held by either spouse; credit card statements; retirement account information; investment portfolios; deeds and titles to property owned by either party individually or jointly with one another.
- If a Request for Production of Documents is not complied with then a motion can be filed asking that these records be produced. The court may also require sanctions against parties who refuse to produce necessary records or intentionally withhold relevant information during this process.
Request for Admissions
One important aspect of the divorce process in New York is the request for admissions. This is a legal document that requires one party to admit or deny certain facts about their marriage and divorce proceedings. The purpose of these requests is to streamline the litigation process by narrowing down issues that are in dispute, ultimately saving both parties time and money.
It’s important to note that these requests are legally binding once they have been answered, so it’s crucial to be truthful when answering them.
- The types of information that may be requested include:
- Financial information such as income, debts, assets, and expenses
- Information about any children involved in the divorce
- Facts related to why the marriage broke down (if filing for a fault-based divorce)
One aspect of the divorce process that many people find intimidating is the deposition. A deposition is a legal proceeding where one party’s attorney asks the other party questions under oath, and their responses are recorded.
- Depositions can last several hours or even days
- The purpose of depositions is to gather information from each side about relevant issues in the case
- If you’re facing a deposition, it’s important to work closely with your attorney to prepare for the experience so you feel confident and comfortable answering questions truthfully and accurately.
Discovery is the process of exchanging information between parties in a legal proceeding. In divorce cases, this may include financial documents and other evidence related to property division, alimony or child support. However, sometimes there can be disputes regarding what information should be exchanged or how it should be exchanged.
- If you encounter a discovery dispute during your divorce proceedings, your attorney can file a motion with the court to compel the other party to comply with discovery requests.
- In some cases, mediation may also be used to resolve these types of disputes without having to go through litigation.
Motion to Compel Discovery
When you file for divorce in New York, you and your spouse will need to exchange information about your financial assets, debts, income, and expenses. This process is known as “discovery.” Sometimes one party may refuse to provide the necessary documents or information during discovery. In such cases, a Motion to Compel Discovery can be filed with the court.
A Motion to Compel Discovery essentially asks the judge to order the other party to provide the requested information/documents. If granted by the judge:
- The other party will have a set amount of time (usually 20-30 days) in which they must respond;
- If they do not comply with this order within that timeframe then sanctions may be imposed on them (such as being held in contempt of court);
- This motion can also lead to settlement discussions between both parties before trial since it provides a clear outline of each side’s case.
When filing for divorce, it is important to know about protective orders. A protective order is a court-ordered document that helps protect an individual from abuse or harassment by their spouse during the divorce process. Here are some things you should know:
- If you feel unsafe in any way during the divorce process, contact your lawyer immediately and discuss getting a protective order
- A protective order can require your spouse to stay away from you and can prevent them from contacting you directly or indirectly
- If your spouse violates the terms of a protective order, they could face criminal charges and/or be held in contempt of court
Settlement and Trial in Divorce
If you are unable to reach an agreement through mediation or negotiations, then it may become necessary to proceed with a trial. During a trial, each party presents evidence and arguments in front of a judge who ultimately decides how each issue should be resolved. Once the judge has made their decision, they will issue a final judgment which becomes legally binding.
- The pros of settling include avoiding additional legal fees associated with going to trial as well as having more control over the outcome
- The cons are that sometimes parties may agree just because they want it over with rather than what is best for them long term
- The pros of going through a trial are that if there is something important enough for one person not willing give up on, then they can get some relief
- The cons include increased cost due to lengthier proceedings (such as discovery periods) & potentially losing control over certain outcomes
Settlement negotiations are a crucial part of any divorce process. During these discussions, both parties work together to try and come up with an agreement that is satisfactory for all involved. In New York, settlement negotiations can take place through mediation or between attorneys representing each spouse.
Some important things to keep in mind during settlement negotiations include:
- Be willing to compromise: Divorce is a give-and-take process, so it’s important to be open to finding common ground on various issues.
- Prioritize what matters most: Some aspects of the divorce may be more important than others (e.g., child custody vs property division), so make sure you identify what is most significant for you and advocate for those interests.
- Get everything in writing: Once an agreement has been reached, make sure that it is documented in a legally binding contract before signing anything or agreeing verbally.
Before filing for divorce, it’s common for couples to enter into a separation agreement. This is a legally binding contract that outlines the terms of their separation and can cover issues such as child custody and support, spousal maintenance, property division and debt allocation.
A separation agreement can be helpful in many ways:
- It allows both parties to have a clear understanding of their rights and responsibilities during the separation process
- It minimizes misunderstandings or disputes between both parties by outlining specific agreements
- If you decide later on to file for divorce, your separation agreement may make the process smoother since you already have an agreement in place
Mediation is a popular method of divorce in New York. It involves both parties working together with a neutral mediator to come up with an agreement regarding all aspects of their separation, without having to go through litigation.
If you choose mediation as your method for divorcing, there are several things you need to know:
- The mediator will be a neutral third party
- You and your spouse will meet with the mediator multiple times
- All discussions during mediation sessions are confidential and cannot be used against either party later on in court proceedings
- If successful, the mediated agreement will be submitted to the court for approval and become legally binding once entered by the judge
During the collaborative process, both parties and their respective attorneys will meet in person (or virtually) as many times as necessary until an agreement has been reached. If an agreement cannot be reached and litigation becomes necessary, then each party must find new counsel for representation.
If both parties are able to come to an agreement on all aspects of their separation at this point, then they can sign a Settlement Agreement. This legally binding document outlines exactly how property division, custody arrangements, child support and alimony payments (if applicable) will work moving forward.
If a couple is unable to reach an agreement on their own, they will need to go through a divorce trial. Here are some things to know about the process:
- The court will hear testimony from both parties and any witnesses that may be called.
- Each party’s attorney will present evidence and make arguments on behalf of their client.
- The judge will ultimately make decisions regarding property division, child custody and support, alimony (also known as spousal maintenance), and other issues based on the facts presented in court.
It’s important to note that going through a divorce trial can be emotionally draining and expensive. If possible, it’s often best for couples to work together towards a mutually agreeable resolution outside of court.
Jury Trial vs. Bench Trial
When deciding between these two types of trials, it’s important to weigh the pros and cons of each:
- Jury trials tend to be more unpredictable than bench trials because they rely on individual jurors who may have their own biases or opinions that could impact the outcome.
- Bench trials can be quicker and less expensive since there’s no need to go through the process of selecting jurors.
Your attorney can help guide you in making this decision based on your specific circumstances. It’s important to understand that not all cases allow for a jury trial; only certain issues such as property division or child custody can typically be decided by a jury rather than solely by a judge.
Burden of Proof
When filing for a fault-based divorce in New York, the spouse seeking the divorce must prove that their partner engaged in misconduct. The burden of proof falls on them to show that their allegations are true.
Here are some important things to know about burden of proof:
- The level of evidence required is high; you will need solid proof and documentation to support your claims
- If you cannot provide sufficient evidence, the court may deny your request for a fault-based divorce
- A no-fault divorce does not require any such burden of proof; rather it simply asserts irretrievable breakdown as grounds for seeking a dissolution.
One of the key elements in a divorce proceeding is witness testimony. This can come from both parties involved, as well as any witnesses who may be able to provide relevant information about the situation.
- Witnesses can include family members, friends, co-workers or anyone else who has firsthand knowledge of the marriage and its dissolution
- Their testimonies can help establish grounds for divorce (such as infidelity or abandonment), support claims regarding property division or child custody and even provide character references for either party
- If you are called upon to testify as a witness in a divorce proceeding, it’s important to be honest and forthright with your answers while also remaining respectful towards all parties involved
Presentation of Evidence
The presentation of evidence is crucial in any divorce case. It can be used to establish fault in a fault-based divorce, determine child custody arrangements, and divide property between the spouses.
If you are going through a divorce in New York and need assistance with presenting your case effectively, it may be beneficial to hire an experienced family law attorney who can provide guidance on what types of evidence would best support your claims.
By taking the necessary steps to educate yourself about what’s involved in getting a divorce in New York – including selecting an attorney who has experience handling these cases – you can feel confident knowing that you have everything needed to protect your rights while moving forward into a new chapter of life.
Post-Trial Matters in Divorce
After a trial has been completed and a judgment of divorce has been entered, there are still several post-trial matters that need to be addressed:
- Appeals: If one party is unhappy with the outcome of the trial, they may choose to appeal the decision. This means that a higher court will review the case and determine if any errors were made during the initial trial.
- Enforcement: Once a judgment of divorce has been entered, both parties must comply with its terms. However, sometimes one party refuses to follow through on their obligations (for example, failing to pay child support). In these cases, enforcement proceedings may be necessary in order to ensure compliance.
- Modification: Even after a judgment of divorce has been entered, circumstances may change in such a way that modifications are necessary. For example, if one parent loses their job or becomes disabled they might need to seek modification regarding child support payments or custody arrangements.
Judgment of Divorce
The Judgment of Divorce may address several issues related to the dissolution of marriage including:
- Custody and visitation: A parenting plan outlines where children will live, who will make decisions for them, and when they will spend time with each parent.
- Child support: The non-custodial parent may be required to pay child support based on New York state guidelines.
- Division of property: In New York State, marital property is divided equitably (fairly) between both parties.
- Spousal maintenance: One spouse may be ordered to pay spousal maintenance (alimony) to the other based on factors such as income disparity and length of marriage.
It’s important that you understand your rights during this process so that you can ensure a fair outcome. Working with an experienced family law attorney can help ensure that your interests are protected throughout the divorce process.
If you believe that your case warrants an appeal, it’s crucial to work with an experienced appellate attorney who understands New York divorce law and has a proven track record of success in this area. Your attorney will help you navigate each step of the appeals process while protecting your rights and interests along the way.
Modifications of Divorce Decrees
In order for any of these modifications to be granted by the court, you will need to file a petition requesting the change and prove that there has been a significant and material change in your circumstances since the original agreement was put into place. It’s important to note that while it is possible to modify some aspects of your divorce decree, other provisions such as property division are typically permanent and cannot be changed once they have been finalized.
Child Custody and Visitation Modifications
It’s important to note that any modifications made must serve the best interests of the child. Additionally, it’s highly recommended that you work with an experienced family law attorney throughout this process so that they can help you navigate any legal complexities and protect your rights.
Child Support Modifications
If you believe that your child support order should be modified due to one of these reasons, it is important to file a petition with the court as soon as possible. Until the modification is approved by a judge, you must continue making payments according to your current order.
It’s also worth noting that New York courts generally have jurisdiction over child support orders until children turn 21 years old (or if they become emancipated earlier). If there are changes needed after this point, you will need to consult with an attorney and/or reach an agreement with your co-parent outside of court.
Spousal Support Modifications
In order to modify a spousal support order, either party must file a petition with the court and demonstrate that there has been a significant change in circumstances since the original order was issued.
If you’re considering filing for divorce or have questions about spousal support modifications, it’s important to consult with an experienced family law attorney who can help guide you through each step of the process while protecting your rights and interests along the way.
Modification of Property Division
It’s important to note that once a divorce settlement has been reached and the court has entered a final judgment, it can be difficult to modify certain aspects of the agreement. Specifically, property division is often considered non-modifiable after the fact.
However, there are some circumstances under which you may be able to request a modification:
- If there was fraud or misrepresentation in connection with the original agreement
- If you can demonstrate that there has been a significant change in circumstances since the time of your divorce (for example, one party receives an inheritance or experiences a job loss)
- If your ex-spouse is not abiding by the terms of your agreement
If you believe that one of these situations applies to your case, consult with an experienced family law attorney who can advise you on whether it makes sense for you to pursue a modification.
If you’re considering filing for divorce in New York, take some time to research your options and get educated on the various aspects of this complex legal process. By doing so, you’ll be better equipped to make informed decisions about how to proceed with your separation while minimizing conflict as much as possible.
Remember: no two divorces are exactly alike, which means that there’s no one-size-fits-all solution when it comes to ending a marriage. However, by staying focused on what’s important (such as protecting your interests and those of any children involved), you can navigate this difficult time with confidence and emerge stronger on the other side.
Final Thoughts on Divorce Process in New York
Here are some final thoughts on the divorce process in New York:
- Hire an experienced attorney who specializes in family law to help guide you through each step of the process.
- Be prepared to compromise, particularly if you have children together. The goal should always be to create a workable solution that takes everyone’s needs into account as much as possible.
- Take care of yourself both emotionally and physically during this time. Consider seeking therapy or counseling if needed, and make sure to get enough rest, exercise, and proper nutrition.
Remember that although it may seem overwhelming at times, divorce is not uncommon nor is it impossible to overcome. With patience, determination, and good legal advice you can successfully navigate your way through this challenging time.
Seeking Legal Assistance in Filing for Divorce in New York.
If you’re considering getting a divorce, here are some reasons why it might be beneficial to work with an attorney:
- An attorney can explain your rights and responsibilities under the law
- An attorney can help you understand how property division works in New York
- An attorney can help negotiate issues related to child custody, support, alimony (also known as spousal maintenance) or other matters that may arise during the divorce proceedings
- If necessary, an attorney will be able to represent you in court during litigation.
FAQ on ‘Divorce Process: How to File for Divorce in New York’
What are the grounds for divorce in New York?
New York is a no-fault state, which means that you can file for divorce on the grounds of “irretrievable breakdown” of the marriage. You can also file on fault grounds such as adultery, cruel and inhuman treatment, abandonment, or imprisonment.
What is the process for filing for divorce in New York?
To file for divorce in New York, you need to prepare and file a Summons with Notice or a Summons and Complaint with the court. You will also need to pay a filing fee. Once you have filed the paperwork, you will need to serve your spouse with a copy of the documents.
How long does it take to get divorced in New York?
The length of time it takes to get divorced in New York depends on various factors such as how complex your case is and whether there are any disputes between you and your spouse that need to be resolved. On average, an uncontested divorce can take around 3-6 months, while a contested divorce can take much longer.
Do I need a lawyer to file for divorce in New York?
You do not technically need a lawyer to file for divorce in New York. However, it is highly recommended that you consult with an experienced family law attorney who can guide you through the process and help ensure that your rights are protected.