Getting a divorce can be a difficult and emotional process. If you are considering getting a divorce in New York, it’s important to understand the process and what steps you need to take. In this blog post, we will walk you through the process of getting a divorce in New York.
Grounds for Divorce
In New York, there are two types of divorce: fault-based and no-fault divorce. A fault-based divorce is when one party is claiming that the other party was at fault for the divorce. This can include adultery, abandonment, cruel and inhuman treatment, imprisonment, or living separate and apart pursuant to a separation judgment or decree. A no-fault divorce is when the marriage has been irretrievably broken down for at least six months.
Filing for Divorce
To file for divorce in New York, you must meet the residency requirements. You or your spouse must have lived in New York for at least two years before filing for divorce. If both parties agree to the divorce, they can file a joint petition. If not, one party must file a complaint for divorce and serve the other party with the papers.
The Divorce Process
Once the divorce papers are filed, the other party has 20 days to respond. If they do not respond, the divorce will proceed uncontested. If they do respond, the divorce will proceed as contested, and the court will schedule a hearing to resolve any issues.
During the divorce process, the parties must divide their property and debts. If they cannot come to an agreement, the court will divide their assets for them. The court will also determine issues of child custody, child support, and spousal support.
If the parties are unable to reach an agreement on these issues, they may need to go to trial. At trial, the judge will hear evidence and make a decision on these issues.
Finalizing the Divorce
Once the parties have reached an agreement or the court has made a decision, the divorce can be finalized. The parties will sign a divorce decree, which will be filed with the court. The divorce will be final 30 days after the divorce decree is filed.
Hiring a Divorce Attorney
Navigating the divorce process in New York can be overwhelming and stressful. That’s why it’s important to consider hiring a divorce attorney who can help guide you through the process and protect your rights. A divorce attorney can help you understand the laws and legal processes in New York, negotiate with your spouse or their attorney, and represent you in court if necessary.
It’s important to choose an attorney who has experience with divorce cases in New York and who you feel comfortable working with. Many divorce attorneys offer free consultations, so you can meet with them to discuss your case and see if they are a good fit for you.
Cost of Divorce
The cost of getting a divorce in New York can vary depending on several factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and whether you hire an attorney. The filing fee for a divorce in New York is $210, but other costs can include attorney fees, court fees, and fees for expert witnesses.
In some cases, you may be eligible for a fee waiver or a reduction of fees if you can show financial hardship. It’s important to discuss the cost of your divorce with your attorney and budget accordingly.
At Michael D. Schmitt, ESQ, we can help clients navigate the issues related to child custody, child support, spousal support, and property division. Our experience and knowledge of New York divorce laws allow us to provide clients with the best possible legal guidance and representation.
We believe that every divorce case is unique, and we strive to provide individual attention to each of our clients. We listen carefully to our client’s concerns and work closely with them to develop a strategy that is tailored to their specific needs and circumstances.
At our law firm, we understand that the divorce process can be costly, which is why we work with clients to keep legal fees as reasonable as possible. We provide transparent billing practices, so our clients are always aware of the costs associated with their cases.
If you are considering getting a divorce in New York, our team, including Michael D. Schmitt, ESQ., can provide you with the legal guidance and representation you need to protect your rights and interests throughout the divorce process. We are dedicated to helping our clients navigate this difficult time with compassion, expertise, and personalized legal advice.