How do I start the divorce process in New York?
In many situations, a person wants to end their marriage with divorce but isn’t sure what steps they have to take in order to do so. Divorce is a very complex and emotional process and therefore, it is important to have all of the information necessary before beginning. Before any divorce papers can actually be served, the person who wishes to obtain the divorce needs to establish grounds and residency. This just means that they must prove that they live in New York and have lived there for at least two years. Grounds for divorce is simply the reason for which the person would like to get a divorce. It is usually easiest to cite irreconcilable differences because New York is a “no fault” divorce state.
Once this occurs, the divorce process can truly begin. The individual who wants the divorce can file a Complaint for Divorce, which is a document that indicates the grounds and any monetary relief that they are requesting. Some relief can include child support, legal fees, and spousal support. Once the other party has responded to the complaint, the couple can start the discovery process. This is the longest phase of the divorce that requires both parties to provide the court with financial documents. It is important to have all financial statements ready before you make the decision to file for divorce so you are not scrambling to find them when the court requests them.
If you need help starting a divorce, contact our firm today.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.