Educating Clients About the Divorce Process
The laws governing legal separation and divorce in New York are different from those in many other states. At our Rochester law firm, we offer knowledgeable counsel and representation, educating clients about the provisions of New York matrimonial law that apply to them. Divorce considers complex issues involving children and property, and the results will have an impact on the relationships of parents and children, siblings, grandparents and family friends alike. A detailed understanding of the process will help you make the most of decisions that will affect the rest of your life.
The Divorce Process in New York
New York state has residency requirements, and our attorney can advise you about how they may affect your case. After meeting those requirements, you can expect to take most or all of these steps to obtain a divorce:
- The first formal step is for one spouse (plaintiff) to start an action for divorce by filing a summons and complaint. The other spouse (defendant) must be served personally.
- The complaint must list the grounds for which the divorce is being sought.
- The defendant may formally reply to the summons.
- The plaintiff may formally reply to the defendant's response.
- A preliminary conference is scheduled. The conference will identify issues, determine whether it will be possible to resolve any of them early, and set a timetable for the exchange of information regarding property and assets.
- One party may file pre-trial motions to compel the other party to comply with an urgent request.
- The court sets a trial date. A pre-trial conference is often held to determine whether any issues can be settled out of court.
- At the end of the trial, the court issues a decision that addresses all of the issues that came before it.
- A judgment of divorce is issued by the court and signed by the parties.
- Upon completion of these and other steps, the marriage will be dissolved and the parties divorced.
Divorce Timetable
When children are involved, parts of the process take longer than they would if there were no children, as the couple must resolve disputes related to child custody and support. When there are substantial assets, it may take considerable time to untangle issues related to marital property division. Our lawyer can advise you about the likely duration of the divorce process in light of your circumstances.
Contact The Trotto Law Firm for more information about the divorce process in New York.
