New York’s Divorce Process | What You Need to Know

Getting divorced can feel daunting. Once you make the decision to get a divorce, you will likely have a long road ahead. Every divorce is different, and the steps you will have to take will also differ. However, every divorce will likely deal with some similar aspects. Read on to learn more.

What are New York’s residency requirements?

The first step of the process is determining whether you are eligible to file for a divorce in New York. In order to file for divorce in New York, you must satisfy one of the following residency requirements:

  • You or your spouse must be a resident of the state for at least two years
  • You or your spouse lived in New York for a year, got married here, lived as a couple here, or the cited grounds occurred here
  • Both you and your spouse are residents of the state on the day the divorce is filed

What does the divorce process entail?

A general overview of the divorce process may include:

  • Fault grounds: Grounds refers to the legal reason the divorce is occurring. In New York, you can cite fault grounds, which indicate that the divorce is the fault of one party and/or a specific action. For example, you may file on the grounds of adultery. However, your spouse can contest this. Additionally, you will likely have to provide proof of the adultery for the court, which can make the process more difficult. As a result, many couples choose to file for a no-fault divorce and cite an irretrievable breakdown of the marriage.
  • File a complaint
    • Once you fulfill the residency requirements and cite grounds, your spouse will be served with divorce papers, beginning the divorce process.
  • Discovery
    • This will be used to provide information and help paint a complete picture of the couple’s situation and finances.
  • Compliance conference
    • A compliance conference ensures that both parties have the resources needed to move forward with the divorce.
  • Resolving outstanding matters
    • You may have to resolve matters of child custody, child support, alimony, the division of assets, and more. There are numerous ways to do this. Some couples go through the court and have a judge determine these matters on their behalf– this is known as litigation. Other couples take alternative methods and get divorced outside of the court. This may mean participating in mediation.
  • Finalizing the divorce
    • Once all outstanding matters have been settled, your divorce can be finalized by the court.

If you are getting divorced in New York, our firm is here to help. Reach out today to discuss your case.

Contact Our Rockland County Firm

If you are faced with a family law matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.