Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
Call Today:
212-233-1233
Overview of the Divorce Process in New York, NY
The overview of the divorce process in New York depends on whether the divorce is contested or uncontested. The process of an uncontested divorce is much simpler and less expensive than a contested divorce. An uncontested divorce is a type of divorce where both spouses have no disputed issues. A contested divorce, on the other hand, is a divorce action where spouses have disputes relating to the marriage.
Uncontested Divorce Process
In an uncontested divorce where there are no disputed issues relating to the marriage, the divorce process is much simpler and less expensive. Uncontested divorce is filed under the ground of irretrievable breakdown in relationship for a period of at least 6 months. This ground requires that all issues have been settled or resolved through an agreement.
Summons
The divorce case begins with a Summons with Notice or Summons and Complaint filed with the County Clerk’s Office of the Supreme Court. This document contains the grounds for divorce and the details regarding child custody, support, and division.
Service
The summons and complaint or notice has to be served to the other spouse by a non-party third person.
The other spouse has three options:
- Admit service by executing an Affidavit of Defendant, stating that such spouse received the service of the divorce paper and does not intend to respond to the summons or answer the complaint;
- Serve an answer, which makes the divorce contested; or
- Do nothing, which renders the other spouse in default.
Calendar
After the Affidavit of Defendant is filed or service of the summons with notice or complaint is made and the period to answer has lapsed (which means the other spouse defaulted), the divorce case is then set for calendar. The following documents are then submitted to the court:
- Note of issue
- Request for judicial intervention
- Photocopy of the summons with notice or complaint
- Affidavit of Regularity
- Affidavit of Plaintiff
- Sworn Statement of Removal of Barriers to Remarriage (if married in a religious ceremony)
- Affidavit of Defendant or Affidavit of Service
- Findings of Fact and Conclusions of Law
- Judgment of Divorce
- Part 130 Certification
- Certificate of Dissolution of Marriage
Judgment
When the divorce is approved, the Judge will sign the Judgment of Divorce, which could either be picked up or mailed. This Judgment must be filed with the County Clerk’s Office and served upon the other spouse. Another Affidavit of Service must be completed and filed.
Overview of Contested Divorce Process in New York
Generally, the beginning procedures for an uncontested divorce are observed in a contested divorce. It is only when the other spouse responds and files an answer to the summons and notice or complaint filed with the Supreme Court that a divorce becomes contested. Even a no-fault divorce based on irretrievable breakdown of marriage can be contested when issues relating to division of property and debt, child support and custody, visitation, and spousal support are not resolved.
Contested Divorce Process
Answer and Counterclaims
When the other spouse files a Notice of Appearance and answers the summons and complaint within the prescribed period (usually between 20 to 30 days), the divorce becomes contested.
An answer is usually filed when there are unresolved issues on spousal support, child support, and property division. The answer may raise the other spouse’s issues, which are then framed as counterclaims. At this point, a divorce attorney is required to ensure the protection of your rights and interests.
Temporary Orders
After an answer is filed, either party can then file requests for temporary orders for child custody, support, and spousal maintenance. These temporary orders are effective pending divorce proceedings and help maintain stability for the children and financially dependent spouses.
Discovery
In the discovery stage, parties can request for information using subpoenas and interrogatories to gather data, financial documents and other relevant records. This stage provides the parties with information needed to determine the total marital assets and debts during the marriage.
Negotiations and Settlement
After discovery, parties then begin to have an idea of the total net worth of the marriage. In most cases, disputed issues are then resolved through negotiations and settlement. These issues include child support, spousal support, child custody and visitation, and an equitable division of marital property.
Trial
If issues remain unresolved, the parties then go through an expensive litigation process of trial. Most divorce cases that go through trial involve the resolution of issues regarding whether property is separate or marital or who should have primary residential custody over the child.
Judgment of Divorce
After trial, the judge issues a Judgment of Divorce, providing the terms of the divorce settlement.
Legal Standing
Before filing any divorce proceeding in New York, a spouse must ensure that it possesses the residency requirement and a ground for divorce.
To comply with the residency requirement, any of the following conditions must be fulfilled:
- At least one spouse must have been living in New York continuously for at least 2 years before the divorce action is filed;
- At least one spouse has been living in New York continuously for at least one year before the divorce action is filed, and:
- Both spouses are residents of New York on the day the divorce was filed and grounds for divorce happened in New York.
Although there are several acceptable grounds for divorce, most divorces now use the ground of irretrievable breakdown in relationship for a period of at least 6 months. This ground is also called a no-fault divorce. Under this ground, the marriage must have been over for at least 6 months and all issues have been settled or resolved through an agreement.
Other grounds for divorce are: cruel and inhuman treatment, abandonment, confinement in prison, adultery, living apart one year after separation decree or judgment of separation, living apart one year after execution of a separation agreement.
When a party has complied with the residency requirement and possesses a ground for divorce in New York, that party has the legal standing to file an action for divorce in New York.
A divorce can be a complex matter, requiring an in-depth knowledge of the procedures in filing for and navigating the divorce. Dealing with issues such as primary residential custody, the computation of child and spousal support, to name a few, can have a significant impact on your life. Having an experienced divorce attorney to represent and protect your interests can ensure that you get the best possible bargain when terminating your marriage. Should you need assistance, we, at the law offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
