How Does The New York Divorce Process Function?

If you are beginning a New York divorce process, be prepared for a whole series of forms, procedures, and boilerplate attorneys that might feel overwhelming. However, it is a whole lot less intimidating if you have an understanding of what you are getting yourself into.

“You have to divide assets, decide who gets to keep the family pet, and try to maintain any ounce of sanity while resolving custody if there are children involved. It sounds like a lot, but once you break it all down, it is not quite as monstrous as it seems,” says New York family lawyer Mary Colwell of The Colwell Law Group, LLC.

Here is a practical primer on how to manage a New York divorce; no more than what you need to navigate the process.

Establishing Grounds

Your first step in the entire procedure is to choose your grounds or legal justification for getting a divorce. There are two approaches to consider: no-fault or fault-based. The no-fault approach is essentially both spouses signing off and acknowledging that the marriage has been irredeemably broken for a period of at least 6 months, and both spouses would like to end the marriage. This is typically the most relaxed and less confrontational path.

A fault-based divorce, however, is entirely different. You are going to need to claim a cause, such as cheating, abandonment, or cruel and inhuman treatment. You will need to provide evidence to prove these claims. In some cases, that evidence can significantly alter the odds in your favor, but it is a more contentious and complicated process.

If you wish to avoid conflict, no-fault is generally the more efficient choice. Fewer arguments, less time wasted. However, everyone’s circumstances vary, so fault-based divorce may be appropriate in certain situations.

Filing, Serving, and Responding

Once you have determined the grounds, the next step is to draft and file a divorce petition. This legal document informs the family court that you are seeking a divorce, specifies the cause, and outlines your requests regarding, child custody, division of property, and support.

Then there is serving your partner in a manner that the court deems proper. When they receive that paper, they have 20 days from receipt to respond, if they are in New York. If they are in another state, they get 30 days. Their response would determine if the rest of the process is amicable or contentious.

Negotiations

When you get a response from your spouse, the negotiation phase begins. Both sides have to provide full financial disclosure, including paychecks, bank statements, and everything in between.

Then you start digging into what everything is worth and who gets what. It is all about sorting out the major issues like finances, the family home, child custody, and spousal support. The goal is to set the rules for how life will look after the divorce is finalized. 

Most divorcing couples in New York resolve their issues outside of court. Mediation provides most people with a means of resolution. A third party intervenes, allowing you to reach a mutually agreed-upon solution.

Trial

Some cases will inevitably end up in a family court, with a judge serving as the decision-maker. Trials themselves are a significant undertaking. You are both presenting evidence and making legal arguments and the process overall can be financially draining.

The judge hears from each side and then makes a final decision. There is no do-over, no take-back. It is stressful, expensive, and unpredictable.

If you are considering a do-it-yourself divorce, it could be very difficult; one misstep could lead to significant financial loss. With a family lawyer, you are much less likely to be blindsided.

A good lawyer will protect you so that you are not taken advantage of. And when it is time to talk, they do not make a scene but get the results.