When a couple in New York State makes the decision to end their marriage through divorce, there are a number of steps that need to be taken. First, you will have to ensure that you complete the residency requirement that the state requires. To fulfill this requirement, you or your spouse must either be residents on the date of filing, either one of you must have lived in New York continuously for at least two years, or having lived in the state as a married couple for a year before filing.
Once you have established the residency requirement and determined your grounds for divorce, you can begin the process. Because New York is a no-fault state, the easiest way to do site grounds for divorce is just to site there have been irreconcilable differences for a minimum of 6 months prior to filing. However, you have other options if you want to site those. Then, you will have to determine what type of divorce you want. Will the divorce be mediated, collaborative, or will it be litigated in a courtroom?
Upon this determination, you can begin the process of requesting relief, custody, child support, etc. You will have to go through the discovery process to handle the finances of the divorce and address any issues that may be contested. The assets and liabilities will have to be divided and a custody agreement must be made.
Once all of these matters are addressed and decided upon, the divorce can be finalized. If you have questions about getting divorced in New York State, contact an experienced divorce and family law attorney today.
If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.