When dealing with divorce, knowing what to expect can relieve your anxiety. Getting a divorce under New York family law requires several steps, which can vary depending on your circumstances. Here’s what you should know about the process so you can prepare for what’s ahead.

How to Follow the Divorce Process Under New York Family Law

1. Confirm Residency & Grounds

New York family law requires that, generally, one spouse must live in the state for at least one year before filing for divorce. You need grounds for divorce, which gives the court a reason to grant the final decree that ends the marriage. Grounds for a no-fault divorce means showing your marriage has broken for six months with no hope of reconciling. For a divorce on other grounds, such as adultery, bigamy, and cruel and inhumane treatment, you need additional proof.

2.  Hire a Divorce Attorney

Hiring a divorce attorney gives you a strong advocate who knows the law and is dedicated to protecting your rights and interests. Experienced family law attorneys provide the information, advice, and representation you need to make wise decisions throughout the process. They also ensure all paperwork is completed and submitted properly.  

3. Try Alternative Dispute Resolution Methods

Mediation, collaborative family law, and settlement negotiations through attorneys are approaches that help spouses resolve issues without a judge’s decision. These methods reduce time in court and save money on lawyer fees. Disputes about debts and property, child custody and support, and alimony often end with help from a trained and neutral mediator. Lawyers and courts don’t recommend these alternatives in circumstances such as child abuse, domestic violence, or a missing spouse.

4. Prepare & File Petition

When all issues are resolved, you can file a complaint for an uncontested divorce, which speeds the process and reduces expenses. Otherwise, you’ll have to file a complaint for a contested divorce, which can take months or years to complete. Divorce complaints must be filed in the Supreme Court of New York in the county where you or your spouse live.   

5. Attend Court & Obtain Final Decree

If your divorce is contested, plan on going to court one or more times for hearings. After the court rules on the hearing issues, another court appearance is scheduled for the judge to issue the final decree of divorce.     

When considering or facing divorce, seek counsel from Cheryl A Beverson, Attorney At Law in Middletown, NY. A skilled and compassionate family law and divorce attorney, Cheryl A. Beverson serves clients throughout Orange County, giving them the benefit of her more than 20 years of experience. For more information, visit the law firm’s website or call (845) 341-0008 to schedule a consultation.