Becoming Familiar with the Process of Divorce in New York
Becoming Familiar with the Process of Divorce in New York
Familiarizing yourself with the steps involved in getting divorced in New York can take the mystery out of what can be a trying process.
Let’s start with understanding the difference between a contested and uncontested divorce.
What Is a Contested Divorce? A divorce will be contested if you and your spouse are unable to negotiate settlement terms on your own or with the help of an attorney or mediator. As a result a judge will have to resolve the issues through divorce litigation.
An uncontested divorce occurs when you and your spouse agree on the issues which must be resolved to obtain a divorce in New York. These issues are:
equitable distribution- spousal support
- child support
- custody and parenting time
Also, if your spouse fails to appear in the divorce action, You may proceed with an uncontested divorce.
The Law of Dana Stricker, PLLC, will guide you through the process of an uncontested or contested divorce and support you during this trying time.
The First Step in the Divorce Process
To obtain a divorce in New New York, you need a judge to order it. Therefore, you will need to file a lawsuit.
The first step in this process is filing a Summons and Complaint with the court. These documents are typically filed in the county where one or both parties reside. The filing of the Summons and Complaint commences the lawsuit. One party is designated the “Plaintiff” and the other party is designated the “Defendant”.
After filing the Summons and Complaint, your spouse must be “served”. Typically, a process server will hand your spouse the Summons and Complaint as well as other documents including, the automatic orders, notice concerning continuation of health care coverage and the spousal maintenance guidelines (notice of guideline maintenance).
What Happens Once My Spouse is Served?
At this point, the couple can agree to proceed with an uncontested divorce by having an attorney assist them, or by obtaining the legal forms themselves and filing the divorce documents with the court. It is important to note that some of the documents will need to be notarized.
If the couple cannot agree on essential issues including equitable distribution, spousal support, child support, child custody and parenting time, the case will proceed as a contested divorce.
If the divorce proceeds as a contested divorce, your spouse will have 20 days from the date of service to “Answer”. An answer is a legal response to the summons and complaint.
It is important to remember that at any time during this process, if you and your spouse come to an agreement, the matter can be settled between the parties without court intervention. The agreement must be put in writing. This written agreement is called a “stipulation of settlement”. The stipulation of settlement can then be filed with the court, along with the remainder of the documents required for a couple to be divorced in New York.
However, if your spouse is not communicating with you, or an agreement cannot be made, you can file a “Request for Judicial Intervention” (“RJI”), to obtain the assistance of the court.
Once an RJI is filed, the court will give you a date to come in (or appear virtually) to have a conference with the judge or the judge’s assistant. The court will schedule several conferences in an attempt to assist you in settling the matter. If the case cannot be settled, the case will go to trial.
Do I need a lawyer to get divorced?
The short answer: it is always good to meet with a lawyer, even if you believe the divorce will be uncontested.
Attorney Dana Stricker will be by your side during this process. Call for a free consultation.
