A COMPREHENSIVE GUIDE THROUGH THE DIVORCE PROCESS IN NEW YORK

Introduction 

Divorce is a time-consuming process and it is also a money-spending process. Divorce begins with one spouse’s filing a suit against the other spouse for divorce. Such spouse who files the suit is called the “Plaintiff.” The other spouse, who responds to the suit for divorce, is called the “Defendant.” Uncontested divorce is the easiest and trouble-free mode. That is to say that the couple recognize the need for a divorce, how one splits assets, and with whom the children stay in the event of children. If they do not agree on all of those, then it is more complex. Where the couples cannot endure, in a majority of circumstances, there exists a need to utilize the services of divorce mediators, collaborative attorneys, or divorce attorney in New York, NY. Whether or not you will need to appear in court will depend on whether it is an uncontested or a contested divorce. 

Learning how to get divorced in New York can make things easier at this trying time. This post will walk you through the main steps, from determining if you are eligible to completing your divorce, so that you can be less stressed as you navigate the process. 

When is divorce an option? 

It is not something that one should consider lightly to obtain a divorce and usually only after considerable thought and emotional roller coaster rides. Before going any further, it is absolutely essential that you make certain divorce is the best solution for you and your family. It might be advisable to sit down with a divorce attorney in New York, NY to see if reconciliation is an option. If you are sure that divorce is the only way to go, get ready mentally and emotionally for what is ahead. 

Spot the reasons for divorce 

In New York, there are particular grounds that can lead to a divorce. They are such issues as cruel treatment, abandonment, incarceration for three or more years, adultery, or living separately on the basis of a court order or separation agreement. There is also a no-fault divorce, i.e., the marriage is broken irretrievably for six months or more. Having knowledge about the grounds of divorce will help you decide how to go ahead with getting it filed. A family attorney in New York will be of considerable help in spotting the right grounds for the divorce. 

How to begin the divorce process 

The process of divorce is initiated by either of the spouses, the Plaintiff, filing a summons with complaint or summons with notice with the New York Supreme Court. 

The summons notifies the other spouse, the Defendant, that divorce has been filed. The complaint is why divorce is being filed and what it is asking for, like child custody, child support, spousal support, and division of property. After the filing, the summons and complaint are delivered to the Defendant within 120 days. If you need to file a divorce, talk with a divorce attorney in New York, NY. 

How to respond to the filing of a divorce 

After being served with the complaint and summons, the other spouse have a few days to respond. They generally have 20 days during which to respond to the answer if served inside the state of New York, or 30 days if served outside of the state. The answer may be any counterclaim and defense to the divorce complaint. Or, the Plaintiff may request a default judgment, which may have the power to grant the divorce even in the absence of the Defendant. To file the right answer to a divorce, you should consult with a family attorney in New York. 

Temporary agreements and orders 

The spouses can seek court for temporary orders to settle issues on the horizon like custody of the child, child and spouse maintenance, and who gets to stay in the house. The temporary orders continue until final ordering of the decree of divorce. The couples can even negotiate the temporary agreements themselves or with the help of their family attorneys in New York. Temporary agreements level the playing field and a way of having things settled by the divorce. 

Finding out details about money 

Another most vital part of the divorce is discovery process in which the two make financial information and documents known. It is a process by which all the involved parties have knowledge of what marriage assets, debt, and revenues are. Finances are preferable to be transparent so that property division and spousal as well as child support can be determined. Steps of obtaining such information may involve interrogation, taking statements from one another, and getting documents. Completeness and veracity are very critical as concealment of information may attract legal trouble and negative effects. Working closely with your family attorney in New York will help you get the most out of this stage. 

Sorting things out 

Most divorces are resolved through negotiations and not in court. In these negotiations, the parties and their divorce attorneys in New York, NY work together to achieve fair agreements on issues like custody of the children, spousal support, and property division. The other option is mediation, where a third person assists in the communication and negotiation between the couple. Dispute resolution is a time, money, and stress-saving method of divorcing. Once both parties have agreed on a decision, it is put into writing in the form of an agreement called a settlement agreement, and then submitted to the court for approval. 

Proceeding to trial 

If the couple fails to agree, the divorce case may go to trial. Both parties will present their case and evidence before a judge during trial, who will decide on the issues under contention. Preparing for trial involves gathering evidence, selecting witnesses, and devising legal strategy. Litigation is costly, time-consuming, and extremely stressful but may be unavoidable where there are deep disagreements that cannot be settled by negotiation. The ruling of the judge will be final and incorporated into the decree of divorce. At this stage, you need a divorce attorney in New York to speak for you. 

Wrapping up the divorce 

After all this has been agreed upon, either by settlement or by court trial, the final thing to do is to obtain a judgment of divorce from a court. It is a court order that lawfully severs the bond of marriage and declares the conditions of the divorce, such as custody, maintenance, and property. The judge will also inspect the settlement agreement, if any, to be sure that it is fair and in line with New York state’s law. After the judge has signed the judgment and it has been filed by the court clerk, the divorce is final. A family attorney in New York can help you make sense of the judgment. 

What happens after the divorce 

Now that the divorce is done, there are some things to keep in mind. You can expect to be redoing your will and estate planning, rewriting beneficiaries on retirement and insurance policies, and readjusting finances to fit your new status. If there are children, co-parenting agreement negotiation and communication plans will be at the forefront of establishing a healthy environment for them. And as an extra precaution, it is also required to follow all of the divorce decree orders and court instructions in attempting to prevent any likely future legal issues. 

Get help! 

Getting divorced in New York is not easy, and having the right divorce attorney in New York, NY can truly make a difference in your life. A skilled divorce attorney in New York can counsel you, represent you, and be your advocate every step of the way. They will discuss your choices with you, negotiate reasonable settlements for you, and speak up for you when necessary. 

At Gehi and Associates, we recognize divorce as being both physically and emotionally draining. Our friendly team of experienced family attorneys in New York is there to assist you with the help that you require to get your best outcome. You are perhaps just considering divorce or perhaps up to your neck already; our skilled family lawyers in New York will guide you through this process. Call us today to arrange a consultation and learn how we can help you navigate the divorce process with confidence and at ease.