Divorce is a significant and often overwhelming life event. If you’re considering or currently going through a divorce in New York, understanding the legal steps and process is crucial. While every divorce is unique, New York has clear procedures and requirements to guide individuals through the dissolution of marriage. Whether your divorce is uncontested or contested, it is important to know what to expect at each stage of the process. This step-by-step guide will help you navigate the divorce process, ensuring that you understand your rights and responsibilities, and the timeline you can expect.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
Filing for Divorce in New York 
The divorce process in New York begins with filing a petition for divorce. This is the first legal step in the process and must be done by one of the spouses (the plaintiff). To file for divorce, the plaintiff must meet New York’s residency requirements, which state that either you or your spouse must have lived in New York for at least one year before filing. The divorce petition is called a “Summons with Notice” or a “Summons and Complaint,” and it outlines the grounds for the divorce.
In New York, you can file for a no-fault divorce, meaning that you do not need to prove fault, such as adultery or abuse. The most common ground for no-fault divorce is “irreconcilable differences.” However, you can also choose to file based on fault grounds, like adultery, abandonment, or cruel and inhuman treatment. The plaintiff must also provide information about any children of the marriage and any financial issues, such as property division or spousal support.
Serving Divorce Papers
Once the divorce petition is filed with the court, the other spouse (the defendant) must be served with a copy of the divorce papers. This is done to officially notify the spouse of the divorce action and allow them the opportunity to respond. The spouse being served must be provided with the Summons and Complaint or Summons with Notice, depending on the nature of the filing.
Service can be done in person by a process server or another adult, and it must be done within 120 days of filing. If the spouse agrees to the divorce, they may sign an Affidavit of Defendant, which acknowledges the divorce and can streamline the process. If the spouse does not respond or contests the divorce, the case becomes contested, and further legal proceedings will be required.
Temporary Orders and Legal Separation
In some cases, spouses may seek temporary orders during the divorce process. Temporary orders are issued by the court to address immediate issues such as child custody, child support, and spousal support. These orders remain in effect until the divorce is finalized or until modified by the court. Temporary orders are particularly important in contested divorces where there are disagreements about custody or financial matters.
Additionally, some individuals may choose to file for legal separation before pursuing a divorce. Legal separation allows spouses to live separately and settle issues like property division, child custody, and support, without formally ending the marriage. While legal separation does not dissolve the marriage, it can help create a framework for resolving key issues before a final divorce is granted.
Discovery and Negotiation
The next phase of the divorce process involves discovery and negotiation. Discovery is the process where both spouses exchange financial information, including details about income, assets, debts, and other important matters. Discovery can be done through informal methods or through formal legal procedures such as depositions or interrogatories. This process helps each spouse understand the other party’s financial position and ensure that all assets and liabilities are disclosed.
Once both parties have a full understanding of the financial landscape, they may begin negotiations. If the divorce is uncontested, this stage may involve informal discussions between the spouses or their attorneys to reach an agreement on the division of property, child custody, and other matters. In a contested divorce, negotiations may be more formal and could involve mediation or the involvement of attorneys to facilitate the discussions. The goal of negotiation is to reach a fair settlement that both spouses can accept, without the need for a trial.
Divorce Settlement or Trial
If both spouses can agree on the terms of the divorce, a divorce settlement is drafted. This agreement is submitted to the court for approval, and once the court approves the settlement, the divorce is finalized. The settlement will address all relevant issues, including property division, spousal support, child custody, and child support. Once approved, the divorce will be granted, and the parties will receive a final judgment of divorce.
However, if the spouses cannot agree on the terms of the divorce, the case will go to trial. At trial, both parties present their arguments, and a judge makes the final decisions regarding property division, child custody, support, and other relevant matters. The trial process can be lengthy and expensive, but it is sometimes necessary when spouses are unable to reach a mutually agreeable resolution. Once the trial concludes, the judge will issue a decision, and the divorce will be finalized based on that ruling.
Finalizing the Divorce
After a divorce settlement is approved or a judge makes a ruling at trial, the divorce is finalized. A final judgment of divorce is issued, and the parties are legally divorced. This means that the marriage has been dissolved, and each spouse is free to remarry if they wish. A copy of the judgment of divorce is provided to both parties, and it is important to keep this document for future legal purposes, such as changing names or updating financial accounts.
At this point, any agreed-upon or court-ordered spousal support, child custody arrangements, and property division are put into effect. It is important for both parties to follow the terms of the judgment of divorce to avoid legal issues later.
Post-Divorce Considerations
Even after the divorce is finalized, there may be ongoing considerations. This includes paying or receiving spousal support (alimony), adhering to child custody and visitation schedules, and making child support payments. If circumstances change, such as a change in income or living situation, either party can petition the court to modify the divorce agreement or orders.
Additionally, the process of adjusting to post-divorce life can be emotionally and mentally challenging. Seeking counseling or support can be helpful as you navigate this new chapter in your life. It’s also important to update legal documents, such as your will, power of attorney, and beneficiary designations, to reflect your new status.
The Importance of Legal Guidance
Going through a divorce can be overwhelming, especially if there are children involved or complicated financial matters. Having a skilled divorce attorney can make the process smoother and help protect your interests. If you are facing a divorce in New York, the experienced attorneys at Friedman & Ranzenhofer, PC are here to guide you through the process. They will ensure that your rights are protected, and help you achieve a fair and equitable resolution.