What is the process for filing for divorce in New York?

The process for filing for divorce in New York can vary depending on the specific circumstances of your situation, but generally, it involves several steps.

First, you will need to decide whether you want to file for divorce on the grounds of fault or no fault. In New York, there are seven grounds for a fault divorce: cruel and inhuman treatment, abandonment, adultery, confinement in prison, living apart for at least one year under a separation agreement, living apart for at least three years, or a relationship of more than five years.

A no-fault divorce is based because the relationship has broken down irretrievably for at least six months, and there is no chance of reconciliation.

Once you have decided on the grounds for your divorce, you must draft and file a summons and complaint with the court. This document outlines the grounds for your divorce and requests that the court grant the divorce.

Next, you must serve your spouse with the summons and complaint. This can be done by a process server or your spouse acknowledging service in writing.

After your spouse has been served, they can respond to the complaint by filing an answer. If they do not respond within the time limit set by the court, they will be in default, and you may be able to move forward with the divorce without their participation.

Once the answer has been filed, the court will schedule a conference to discuss the case and any outstanding issues. This conference is an opportunity for the parties to negotiate a settlement or to discuss any problems that need to be resolved before the divorce can be granted.

If the parties can settle, they must draft and file a separation agreement with the court. If the parties cannot settle, the court will schedule a trial to resolve any outstanding issues.

Once the trial is complete, the court will decide on the divorce and grant a divorce judgment. This judgment will be final and binding on the parties and resolve all issues related to the divorce.

It’s worth mentioning that divorce proceedings can be time-consuming and emotionally taxing. Having a reasonable divorce attorney by your side is essential to guide you through the process and to ensure your rights are protected. It’s also worth noting that divorce can take anywhere from a few months to several years, depending on the complexity of the case and the willingness of both parties to settle.