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The Divorce Process in New York

What to Expect in a NY Divorce

Are you are suffering from an unwanted marriage? It is important to understand your options and what you can do to pursue a better future. In the state of New York, divorce is offered as an option for relief from this unwanted circumstance, however the process can be confusing, and it is important that you understand the various repercussions of a divorce in this state. At Eiges & Orgel, PLLC, we understand the hardships that you may be experiencing, and you can be sure that we will work with you to pursue the results that you need.

New York Divorce Complaint and Answer

If you are seeking to file for divorce, then it is important to start the process by seeking the representation and legal assistance of a New York divorce attorney from our firm. The first thing you will do is to file a summons with notice for an action for divorce with the defendant. If you are the filing spouse, then you are the plaintiff, and the other spouse is the defendant.

It is important to recognize that the defended must be personally served with this notice, and it is highly recommended that your attorney handle the service. In the state of New York, once the divorce process has legally commenced, there are automatic restraining orders placed upon the plaintiff immediately, as well as on the defended as soon as they are served.

In filing the complaint, you will need to allege one or more grounds of divorce according to NY DRL §170 which may include inhumane treatment, abandonment, and others. In addition, you will need to allege ancillary relief which could include custody, visitation, child support, and others. After the complaint is filed, the defendant will need to respond with an answer. Each paragraph in a complaint is numbered sequentially, and the answer will address each paragraph by admitting the allegation, denying the allegation, or claiming that the defendant lacks knowledge to form a belief as to the allegation.

Discovery in Divorce

After the complaint is filed, a preliminary conference will be scheduled, and a discovery schedule will be set at this time in order to exchange the following information:

  • Appraisal of business or professional license
  • Appraisal of pensions
  • Appraisal of real estate
  • Appraisal of any other assets
  • Depositions
  • Interrogatories
  • Notice for discovery
  • Statement of net worth

The discovery process is concluded with a compliance conference where the court will ensure that both parties have the necessary information to go to trial. If both parties are prepared, then the plaintiff will file a certificate of readiness, and a trial date will be set. Discovery is often the longest part of a divorce, and depending on the amount of assets and issues to be discovered and evaluated, this process could take longer than usual.

The New York Divorce Trial

On the day of the trial, the plaintiff will have the opportunity to testify, examine witnesses, provide documentary evidence, and others in support of their position. The defense will also have the opportunity to cross-examine witnesses. Next, the defendant will have these same opportunities to argue in favor of their case. At the conclusion of the trial, the court will issue a decision either in writing or on the record which will address all of the issues brought forth in the complaint and for the divorce.

Finally, the judgment of divorce must be prepared by the lawyers, and signed by both parties before they are legally divorced. If you are seeking dissolution of your marriage, then it is important to seek representation on your side that understands the process and can guide you through it to pursue the elements that you desire for your future.

Contact Eiges & Orgel, PLLC for the representation you need today!

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