What is the divorce process like in New York?

What is the divorce process like in New York?

divorce papers wedding rings gavel

Regardless of how amicable a divorce may be, divorces are usually emotionally and financially draining. It can be overwhelming for any couple to navigate the complex legal process during a time of major life changes. Every couple has its own set of circumstances that led them to dissolve their marriage. With that being said, the divorce process will look different for every couple depending on which divorce route they choose to pursue. Divorce is a challenging process, but knowing what to expect can ease the process. Continue to follow along to learn some of the steps of divorce proceedings and discover how a trusted Nassau County Contested Divorce Attorney can help you.

How does the divorce process work in New York?

As mentioned above, the divorce process will look different for every couple depending on the divorce route they choose to pursue. If a couple opts to pursue a contested divorce, the divorce process will take much longer time than it would if they chose an uncontested divorce or divorce mediation. Regardless of which divorce path a couple chooses, they must meet residency requirements to file for a divorce in New York. Essentially, they must demonstrate to the court that they have lived in the state continuously for at least two years. Additionally, they must have valid grounds for the divorce such as irretrievable breakdown or adultery. New York is a no-fault divorce state which means couples do not have to prove their grounds, they only have to cite them. Once the grounds have been cited, divorce proceedings can officially commence to iron out the critical terms that will apply to the termination of the marriage.

Firstly, the divorce process begins when one spouse files a Complaint for Divorce. Essentially, this is a divorce petition that must be served to the other spouse making them aware of the situation. After it has been served, the other party will respond. The process will then move on to evaluating documents related to financial documents through discovery. From then on the process is fairly straightforward. Depending on whether a couple can agree on all of the terms that will apply to the termination of the marriage, they will negotiate a settlement. This is where they will iron out issues of property distribution, child custody, child support, and spousal support. If negotiations fail, the court will proceed with a trial. During a trial, the court will consider all of the facts and evidence presented to determine a final divorce agreement. The divorce agreement is legally binding and finalized when the judge signs the judgment of divorce (order of dissolution).

For more information on how the divorce process works in New York, please contact a determined Nassau County contested divorce attorney. Our firm is committed to helping our clients understand each step of the divorce process to ease the process.


Read Our Latest Blog Posts

  •  Can Children Express Preference in New York Custody Proceedings?
  •  What Should My Prenuptial Agreement Cover?
  •  Is Daycare Included in Child Support in New York?