What is the Divorce Process in New York?

What is the Divorce Process in New York?

There are a lot of reasons a couple may choose to get a divorce. The fact of the matter is, every couple is different, and so is every divorce case. Not all couples will go through the exact same process. Some divorces are finalized with ease, others may be more complicated. In either case, it is important to have the right legal representation to guide you through the process. Read on to learn more about the divorce process and how The Law Office of Peter L. Jameson, PLLC can help you prepare for the road ahead.

New York’s Residency Requirements

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

Grounds for Divorce

Those filing for divorce must cite grounds. Grounds are the legally acceptable reasons you may cite for your divorce. New York is a no-fault state, meaning you can simply cite irreconcilable differences. Some people may instead choose to file on a fault ground. These grounds include:

  • Adultery
  • Abandonment
  • Imprisonment
  • Cruel and inhuman treatment
  • Divorce after a legal separation agreement
  • Divorce after a judgement of separation

Next, you must file a Complaint for Divorce. In this document, you will cite the grounds for divorce and any relief you may need, including child support, child custody, and legal fees.

Different Resolution Options

Many agree that it is best for couples to settle their divorces outside of the court. But, this is not always possible. In this case, couples may turn to mediation. During mediation, a third party may help couples navigate and agree upon any outstanding matters. Sometimes, settling a divorce outside of court is not possible, leading to litigation. Litigation means a judge will make equitable decisions regarding your case. These decisions can be appealed by you or your spouse.

CONTACT A NEW CITY DIVORCE ATTORNEY

If you are getting a divorce, it is important to consult with an experienced law firm. The above writing is a very simplified version of a long and arduous process. The Law Office of Peter L. Jameson, PLLC is ready to fight for your future. Divorce is not an easy process, but with the helping hand of an effective attorney, you can make it through and on to something better. For a consultation, contact The Law Office of Peter L. Jameson, PLLC.