Understanding the New York Divorce Process

Samuelson Hause PLLC Has Extensive Trial and Appellate Experience

Each state in the U.S. has its own legal process for divorce. New York was the last state in the nation to pass a law allowing for no-fault divorce, meaning that fault such as adultery or severe abuse is not necessary to file for divorce. The two parties need only testify under oath that the marriage is irretrievably broken. One of the most important steps in the New York divorce process, however, is to hire a knowledgeable and experienced Long Island divorce attorney to guide you through each step and to fight relentlessly for your rights. Contact Samuelson Hause PLLC right away if you are looking to file for divorce in New York.

Separation vs. Divorce

In some cases, a couple may want to obtain a legal separation instead of filing for divorce. Separation can be filed amicably between two compliant parties, or it can be litigated in court when the spouses are at odds. Either way, once a Degree of Separation or a Judgment of Separation has been issued, the parties must live apart for one year before they can file for divorce. They can also continue living separated for as long as they like, still receiving the legal and financial benefits of marriage without having to live with their spouse.

Types of Divorce in New York

Once divorce is decided upon, there are two means by which it can be obtained. If the two spouses are in agreement about the divorce and believe that they can come to an agreement by negotiating with each other, they can pursue a divorce through either collaborative law or divorce mediation. If problems arise and the parties end up disagreeing on any point, litigation may become necessary so that a final judgment can be made on the issue. Cases involving litigation are known as a contested divorce.

Divorce litigation is necessary whenever the two spouses cannot agree on any area of their divorce, however small. They issue will be brought before a judge, where each party will argue their case. The judge will then make a decision and enter a judgment to settle the issue. This is usually necessary for disputed issues such as equitable distribution, child custody, child support, maintenance (alimony), visitation, and modification of court orders. If either party believes that the decision of the judge contains an error in applying the law or that it based upon a mistake in applying the facts, an appeal can be brought before a higher court.