Preparing for a Nassau County Divorce | What to Know
If you are getting divorced, it is important to understand the process ahead. Read on to learn more about the process of divorce in New York.
In order to file for divorce in New York, you must fulfill the residency requirement. To do so, you must prove that you and/or your spouse have lived in New York State for at least two years, uninterrupted.
Grounds for Divorce
Once you fulfill the residency requirement, you will have to cite grounds for your divorce. Fault grounds refer to the legal reason your divorce is occurring. New York is a no-fault state. This means you do not have to prove fault grounds, you only have to cite them. You can cite the following legal fault grounds:
- Irretrievable breakdown for at least six months
- Confinement in prison or a mental institution for three or more consecutive years.
Most couples will choose to file for a no-fault divorce.
Complaint for Divorce
Next, you will file a Complaint for Divorce. Here, you will cite the grounds for divorce and request any necessary relief you may need, such as child support and custody, or legal fees. Once the complaint has been filed by the plaintiff, a third party will serve the defendant with divorce papers.
Discovery Process & Compliance Conference
During the discovery phase, the court will ask for most of your financial-related documents. Full financial disclosure is an important aspect of a divorce. This conference is called to ensure that both parties have what they need to proceed with a trial.
The compliance conference is where any pre-trial motions are filed. These motions may include temporary child support, temporary child custody, and court-related fees, among other things.
Settling outstanding matters
You may need to settle matters of child custody, child support, division of assets, alimony, and more. There are numerous ways to do this, including litigation, mediation, arbitration, and more.
Finalizing Your Divorce
A divorce is finalized with a Judgment of Divorce. This document will include all orders from the court, such as property distribution and child custody. It may be possible to appeal these orders with the help of an attorney.
Reach out to our firm to speak with an experienced divorce attorney.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 25 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.