The Divorce Process: How to Get Started
In an uncontested divorce where spouses agree to settle the matter in a cost-effective manner without litigation, a skillful attorney is necessary to protect your rights and entitlements.
In a contested divorce situation, the first step is to commence the action. Commencing an action for divorce involves the filing and service of a summons on your spouse. Grounds for divorce are necessary, as New York is a "fault" state. There are six main categories: (i) adultery; (ii) imprisonment for at least 3 years; (iii) abandonment for at least 1 year; (iv) cruel and inhuman treatment (such as domestic violence); (v) living separate and apart for a period of one year under a filed separation agreement; and (vi) living separate and apart for a period of one year pursuant to a separate decree.
Full financial discovery is then undertaken for the purpose of resolving issues of child support, spousal support, equitable distribution of assets and other ancillary financial issues. Custody may be litigated as well. After discovery is complete, a trial is generally held unless the parties can agree to settle their differences. If they cannot do so, the court will decide. A substantial amount of litigation can be avoided if a prenuptial or postnuptial agreement is in place.
My extensive experience in skillfully negotiating settlements or vigorously and zealously litigating in the courtroom has proven invaluable to my clients who are going through a divorce. |