What It Takes To Get Divorced In New York

Although marriage is easy to enter into, getting out of it through a divorce is nearly always challenging. New York was the last state in the U.S. to make no-fault divorce an option. So the question is no longer why you are getting a divorce but rather how you will resolve the issues that divorce entails. With no-fault divorce as an option, you can keep personal matters private, but you need answers to questions such as:

• How will you divide your marital assets?
• Will either spouse pay support (alimony) to the other, and if so, for how long?
• Where will your children live if you share minor children?
• Who will pay child support to the other?

To protect your rights and safeguard your family’s future, work with an experienced, qualified family law attorney. The Law Firm of Poppe & Associates, PLLC, in Manhattan, has earned the respect of many people. Turn to this firm without hesitation. You will soon realize why past clients appreciate what founder and managing partner Kamelia “Mia” Poppe, Esq., and her team have to offer.

What Are The Grounds For Divorce In New York?

The grounds for divorce in New York were as follows:

• Irretrievable breakdown of the relationship
• Cruel and inhuman treatment
• Abandonment for a continuous period of one year or more
• Imprisonment for more than three years subsequent to the marriage
• Adultery
• Conversion of a separation judgment
• Conversion of a written and acknowledged separation agreement after living separately and apart for more than one year

For irretrievable breakdown grounds to apply, the relationship between you and your spouse has to have broken down irretrievably for at least six months. Once the terms of your divorce are documented, a judge can sign your final divorce decree without the need for a trial.

Filing For Fault Or No-Fault-Based Divorce In Today’s New York

Since 2010, New York’s Domestic Relations Law, Section 170(7), has not required people getting divorced in New York to tell judges that their spouse was at fault, but there may still be reasons to do so in some cases.

Many people prefer no-fault divorce because, unlike fault-based divorce, they do not have to prove that their spouse caused the relationship to break down by committing one of the narrow list of actions that are grounds for divorce in New York. Like any other civil lawsuit, as the spouse filing for a fault-based divorce, you would have to prove fault by a preponderance of the evidence. Not only can this make getting divorced more challenging, but it could also require you to enter into the public record details from your personal life that you would rather keep private. Filing for a no-fault divorce helps you avoid much of this difficulty.

However, a fault-based divorce might still make more sense for you. For one thing, you and your spouse might not meet the residency requirements for a no-fault divorce. Or there could be strategic reasons having to do with property division, alimony or child custody to claim a specific fault. Work with a highly experienced divorce attorney to determine an advantageous way forward.

Whether you are going through a fault or no-fault-based divorce, you still need to know whether your divorce will be contested or uncontested. Either way, it is important to have an experienced attorney on your side. At Poppe & Associates, you will find a divorce attorney with extensive experience in all varieties of divorce.

Contested Versus Uncontested Divorce And Challenges Involved In Either Type

Divorce is a major adjustment, but it can also signal a hopeful turning point in your life after a troubled marriage. If child custody and support will be part of your divorce, there are many highly consequential points to consider.

Emotionally, the divorce process can be draining as your mind and body adjust to a new reality. Financially, going from one household to two usually means that one or both of you will likely experience a downward change in what you can afford in terms of housing and other expenditures.

If you and your spouse agree on how you will divide your property and other elements of your divorce, you can prepare and sign a petition that you present to a family court. This route appeals to many people, but they often forget to take all the essentials into account.

As you grapple with questions such as how to divide retirement accounts or whether spousal support is appropriate, you may realize that your divorce is, in fact, a contested divorce. Through mediation or detailed negotiations, you can still keep personal family matters private until you are ready to submit a mutually agreed-upon divorce petition.

Timeline For A Divorce In New York

Divorce can be a complex and emotional process and understanding the timeline can help you navigate this challenging time. In New York, divorces are either uncontested or contested, and each has its own timeline.

Uncontested Divorce Timeline

An uncontested divorce in New York, where both parties agree on all terms, typically follows a straightforward process that could take months to complete. Below is a general timeline:

1. Eligibility check: Ensure you meet New York’s residency requirements and have grounds for divorce. This typically takes a few days.
2. File papers: The plaintiff completes and files necessary forms with the county clerk, including the Summons with Notice or Summons and Complaint. This usually takes one to two weeks.
3. Serve defendant: The plaintiff serves divorce papers to their spouse, who has 20 to 30 days to respond, depending on the service method. This stage lasts about three to four weeks.
4. Defendant’s response: If agreeing to the divorce, the defendant signs an Affidavit of Defendant, usually within one to two weeks.
5. Finalization: The plaintiff submits all completed paperwork to the court. If everything is in order, the judge signs the Judgment of Divorce. This last step typically takes four to six weeks.

This timeline assumes both parties agree on all terms. Disputes may extend the process or lead to a contested divorce.

Contested Divorce Timeline

A contested divorce in New York can be lengthy, often taking a year or more. Here is a general timeline:

1. Filing: The plaintiff files and serves divorce papers. The defendant has 20 to 30 days to respond.
2. Preliminary conference: Parties meet to discuss issues within 45 days of filing and set a timeline.
3. Discovery: Over three to six months, both sides exchange financial information and other relevant documents.
4. Compliance conference: The court checks on the discovery process and addresses any issues.
5. Settlement negotiations: Parties attempt to resolve disputes, which can take several months.
6. Pretrial conference: The court prepares for trial if the settlement fails.
7. Trial: Depending on the complexity of the case, this can last days or weeks.
8. Judgment: The judge issues a final decision, typically within 60 days after the trial.

This timeline may vary significantly based on the complexity of the case and the parties’ willingness to cooperate.

These timelines are estimates and can vary based on individual circumstances, court backlogs and the willingness of both parties to cooperate.

Offering Divorce Guides For Women, Especially

Getting divorced is one of life’s most impactful turning points for most people who have lived through it. Knowing what to expect and how to improve the outcome for you and your children can alleviate some of the pressure and fear that you may feel.

At The Law Firm of Poppe & Associates, PLLC, keeping people informed and empowered is a fundamental value. Below are links to books or guides that Mia has published to help empower women going through a divorce.

A Video Guide, A Women’s Guide, A Blog And Webpages On Specific Topics

To understand the basic components and processes of a divorce, see The Anatomy of a Divorce, a collection of video guides available through this website. For a discussion of topics especially of interest to women going through a divorce, see The Empowered Woman’s Guide. (Free or $9.99 on Kindle, depending on your membership status).

Revisit this page from time to time to see if more guides have been posted. Also, see the blog attached to this website and review webpages on this site for information on specific elements of a New York divorce, such as high-asset property division and considerations in a high-profile divorce.

Understanding Marital Settlement Agreements And Divorce Decrees

Navigating a divorce can be challenging, and understanding the legal documents involved is important. Two key components of the paperwork associated with a divorce are the marital settlement agreement and the divorce decree. While people commonly think of them as the same thing, they each serve distinct purposes in the divorce process.

What Does The Marital Settlement Agreement Do?

The marital settlement agreement is a legally binding contract between the divorcing spouses that outlines the terms of their divorce. It addresses the practical issues associated with the split and typically includes provisions related to your:

• Division of assets and debts: Specifics about how property, investments and liabilities will be divided and any specific actions that must be taken (such as transferring assets or refinancing debts)
• Spousal support (alimony): Detail about the amount, duration and conditions of spousal support payments, if applicable
• Child custody and support: Establishment of the parenting plan, visitation rights and financial responsibilities for child support payments between the couple
• Insurance and retirement accounts: Addresses the continuation or division of health, life insurance and other benefits for dependents

Once both parties agree to the terms, the marital settlement agreement is submitted to the family court judge for approval. If the parties do not agree to the terms, then the divorce becomes contested and one or more issues have to be litigated in front of the court.

What Does The Divorce Decree Do?

Your marriage is not officially over until the court accepts your marital settlement agreement and issues a divorce decree. The divorce decree is the final court decree ending your marriage and generally includes the finalization of your divorce. It makes it possible for you to:

• Enforcement of terms of the marital separation agreement
• Allows a spouse to legally revert to their maiden name if desired
• Transfer specific assets into your name per the marital separation agreement
• Move forward independently and even remarry

Attorney Kamelia “Mia” Poppe can help you understand these documents so you are aware of your rights and obligations, facilitating a smoother transition into post-divorce life.

Turn To Poppe & Associates For Divorce Counsel

At Poppe & Associates, Mia is available to get you on the road to a divorce that will meet your needs. Your new beginning can start now.

To schedule a free consultation, call 646-665-3903 or send an email inquiry for a timely response from Kamelia “Mia” Poppe, Esq., an experienced and respected New York City divorce attorney.