Divorcing in NYC: Support for a Difficult Time
Seeking a divorce but don’t know how to get started? Let’s get you familiar with the process in New York.
Filing for divorce and starting that process is a tough decision, mentally and physically. So we’re here to give you the 411.
Firstly, there are two different types of divorce: uncontested, and contested. An uncontested divorce is defined as one where both parties agree to the terms of the divorce, and a contested divorce is where spouses can’t agree and must go through an entire process to have the judge make the final decision.
Given that information, obviously an uncontested divorce is easier than a contested divorce and will process more efficiently, because both spouses agree on terms like child support, child custody, and alimony. We will go into more depth about the process for both an uncontested divorce and a contested divorce.
An uncontested divorce in New York State is speedier, and the basic process is as follows:
Drafting the Documents, which is after one spouse hires a divorce lawyer to help file and draft the documents.
Spouses Review and Sign Documents
Judge Reviews and Sign Documents
The Final Decree, where judge will sign the Judgment of Divorce.
A contested divorce in New York State is more difficult, but not impossible. There are just more steps involved in the process:
File and Draft the Documents to Open the Case, after one spouse hires a divorce lawyer to do so.
20 Days to Respond, the other spouse has 20-30 days to respond to these documents.
Case Management Conference, a CMC is scheduled, which is a hearing where a judge will make temporary decisions on child custody, alimony, and child support.
Discovery is Opened, this is where both spouses can request documents and hold depositions. The attorneys on both sides will gather evidence in favor of their position.
Judge Trial, the evidence and witnesses are presented before the judge.
Final Decree Entered, where judge will sign the Judgment of Divorce.
Going through a divorce and presenting before the judge is a grueling task, but we hope that with this blog, you are a little closer to understand the overarching process.
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