What Is the Divorce Process in New York State?

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If you have arrived at a point where you need to end your marriage, it is crucial to understand the steps you may need to take to get a divorce in New York. Learn what the New York divorce process is usually like, and why working with a seasoned divorce attorney may help you navigate it easily.

What Is the First Step to Getting a Divorce in New York?

In New York, there are a few different types of divorce to choose from. The first step should be to consult a divorce attorney – your attorney can help you decide whether a no-fault or an at-fault divorce is right for you.

You will need to prepare and file divorce forms and supporting paperwork with the court and be prepared to pay any applicable filing fees. Next, your spouse will be served divorce papers and will have a deadline to provide an answer – they may agree to the divorce, which results in an uncontested divorce, or may disagree with some or all aspects of the divorce, making it a contested divorce.

What Happens to the Kids in a Divorce?

If you and your spouse have children, you must discuss child support and custody matters. Ideally, both sides should work together to agree on how they would like to handle custody of the children, parenting schedules, and child support payments.

If the parents agree, they may present their plans to the court for approval. If no agreement is possible, each side will bring their case before a judge, and the judge will decide based on what is best for the children.

What if My Spouse Disagrees With the Divorce?

If your spouse disagrees with the divorce, you will probably face a contested divorce, and you should immediately reach out to a divorce attorney. Contested divorces can be considerably more complex than uncontested divorces and require the help of a knowledgeable attorney.

The same is true if you wish to seek an at-fault divorce and get justice for being a victim of your spouse’s wrongdoing. An attorney is the best person to talk to if you want an honest opinion about your case and choose the best way to move forward.

How Can a Divorce Attorney Help?

Having the right attorney representing you during a divorce is essential to maximize your chances of a favorable outcome. Your attorney can help you when it is time to make difficult decisions or assert your rights. If you are considering getting a divorce, contact a divorce attorney as soon as possible.

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