Having a good divorce lawyer who understands the law and how to deal with the courts is essential in New York. In particular, you want an attorney who can handle a contested divorce if you have any issues that need to be resolved by the court, such as custody or property division.
The answer to this question depends on the nature of your divorce, which will influence how long it takes for you to obtain a final decree of dissolution of marriage (divorce judgment). Uncontested cases are typically quicker than contested ones because they require minimal court involvement and involve only the drafting of documents and meetings with each spouse in order to arrive at a settlement agreement.
An uncontested divorce is one where the parties have agreed to all of the terms in the divorce, including the division of assets and child support. Generally, an uncontested divorce can take about three months in New York, although this can vary depending on the complexity of the case and the number of issues that need to be resolved.
A contested divorce is one in which the parties disagree over important aspects of their marriage such as the grounds for the divorce, custody of children and support or alimony, among other things. Divorces involving contested issues typically take longer to complete, but can also cost more than uncontested cases.
The first step in a contested divorce is for the spouse who is filing for divorce to file the initial set of papers with the court clerk. The defendant then has a specified amount of time to respond, usually 20 days in New York if served within the state, and 30 days if the defendant is not a resident of New York or was not served with the original documents.
After the defendant has been served, the attorney begins the process of discovery, which is the information-gathering stage of the divorce. This involves asking the defendant for documents that are relevant to the case, such as bank, investment and pension statements and tax returns. If the documents are not produced in a timely manner, the lawyer may ask for a default or a temporary orders hearing.
During the next stage, your lawyer will request a hearing, which is when you and your ex-spouse meet with a judge to discuss various aspects of your case. The judge will then decide the disputed issues, such as who gets custody of the children, what kinds of visitation arrangements will be made, how much child support or spousal support will be awarded and how the marital estate will be divided.
Once the hearing is over, the judge makes a decision on these issues and then enters a final divorce judgment, which will then be entered into the public record. Once this is done, your marriage is officially dissolved and you will no longer be married.
The legal process for a contested divorce can be very stressful and expensive, so it is often best to hire an experienced New York contested divorce attorney who can help you navigate the process. In addition to making sure you have a clear understanding of your rights, an attorney can ensure that the process moves as quickly as possible and that you are not subjected to unnecessary delays or harassment.
Generally speaking, New York allows spouses to file for divorce on seven grounds. These grounds are listed under Domestic Relations Law (DRL) 170, which governs marriage in the state.
A relatively new ground for divorce, made into law in 2010, a spouse may file on the basis that their relationship has broken down irretrievably for a period of six months or more. This was a significant change to the divorce law in NYC as it marked the end of "at-fault" divorce, which allowed many dysfunctional and unhappy marriages to continue without ever achieving a happy resolution.
SS 170.1 defines cruel and inhuman treatment as a spouse's conduct or actions that are likely to elicit an adverse reaction from the other spouse, resulting in an unsafe cohabitation. This could include physical abuse, emotional abuse, and other conduct that threatens the health or safety of the other spouse.
A spouse can also file for a divorce on the grounds of abandonment if the other spouse has physically left their home or remained away from them for one year or more, without good cause and without their consent. In addition, this ground can be used to establish constructive abandonment if the other spouse has refused to have sexual relations for more than a year.
If a spouse is financially unable to support the other party, this is considered non-support. If this is the case, a court may award spousal support and child support in addition to other economic issues.
The most common basis for an at-fault divorce, adultery is defined as sexual intercourse between a married person and another. However, it must be within 5 years of the marriage.
If your spouse has a substance abuse problem, that can be an important factor in your divorce case. However, it is not usually a sufficient ground for divorce unless you can prove that their behavior as a result of their alcoholism or mental illness is cruel and inhumane.
In order for you to get a divorce in NYC, you must live apart for at least two years from your spouse. This can be done in two ways, under a written separation agreement or under a court judgment of separation. The only difference is that, in the former, you and your spouse agree to be separated and abide by the terms of the separation agreement or judgment.
There are some limitations to this ground, so it is best to discuss your situation with a divorce lawyer.
You must have lived in New York for at least one year prior to filing your divorce action. This can be difficult for some people to achieve, so you should talk with an experienced divorce lawyer.
Depending on the facts of your case, you can either file in Supreme Court or in Family Court. Regardless of where you choose to file, it is important to understand that the court can hear any and all disputes related to your divorce, including child custody, visitation, and child support.
In New York, a contested divorce is a term used to describe any situation in which a couple cannot come to an agreement on key issues like property division, child custody, or spousal support. These disagreements can make a contested divorce far more costly and lengthy than an uncontested one.
A contested divorce case will generally take much longer than an uncontested one because a judge must be called to resolve the issue in question. This will typically involve a trial in which both parties are able to provide evidence and witnesses to support their allegations.
The timeline for a contested divorce in New York can vary greatly depending on the complexity of the case and how quickly each party responds to court papers. The most important thing is that both spouses work with competent legal representation from experienced New York City divorce lawyers to ensure their rights are protected and they receive fair outcomes in the end.
After the spouses have filed for divorce, they must file a Summons with Notice or a Summons and Complaint in order to officially start the process of the divorce. This is when the process begins to progress and the spouses can begin exchanging documents with each other as well as requesting appraisals for real estate, retirement accounts and other assets that are in dispute.
After a spouse files for divorce, they can request discovery in the form of questions called interrogatories that must be answered under oath. These questions can address everything from property to pensions to debt to other important financial matters.
Documents, including bank statements, credit card bills, receipts and tax returns, are also requested in many cases. Once the documents are produced, attorneys may conduct a financial investigation that includes interviews with accountants, lawyers and other experts.
If there are assets in question, such as retirement accounts or real estate, then an expert will need to perform appraisals in order for the value of those assets to be established. This can be a time-consuming and expensive process, but it is necessary for an equitable distribution to be achieved in the divorce case.
A contested divorce in New York requires a considerable amount of time, money and effort to complete. While the exact time frame can vary on a case-by-case basis, a contested divorce can often take up to two years to complete.
During this time, each side will need to meet with the other’s lawyers to exchange documents and negotiate settlements. If they are unable to reach an agreement, the case will proceed to trial and a judge will decide the final terms of the divorce.
If a couple is able to agree on all major issues in the divorce, they can file for an uncontested divorce. This is a good choice for those who are looking to avoid costly and rushed court proceedings and have the peace of mind knowing that the divorce will be settled fairly and without any surprises.
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