Divorce Process

Rockland County Divorce Attorney

courtroomRepresenting New York Clients Facing Divorce

Some married couples cannot reconcile their differences and need to end their relationship with a divorce. Divorce is a common occurrence and, depending on the circumstances, can be a lengthy and complex ordeal. Whether a couple can end their relationship through alternative dispute resolution or through a court case, divorce is an emotional and trying process. If you are facing divorce, it is best to know what is in your future. If you need quality legal support through the process, contact The Law Offices of Mark S. Paige, P.C.

Residency Requirement

For a person to get a divorce in New York State, they must satisfy something called a residency requirement. For a court to hear a divorce case, it must first establish jurisdiction. You need to demonstrate one of the following:

  • You or your spouse are residents of New York and have lived in the state without interruption for a minimum of 2 years
  • You or your spouse have lived in the state for a year before the divorce case and you either got married in the state, lived in the state as a married couple, or the grounds happened in the state
  • Both are residents on the day of the filing

Grounds for divorce

The next step in the process of divorce is to site grounds for divorce that are legally acceptable by the state. New York is a no-fault divorce state. This means that no one can stop you from getting a divorce and no-fault grounds can be used to start the process, namely irreconcilable differences for at least 6 months. Below are 6 acceptable fault grounds for divorce as per the state:

  • Adultery
  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

How the process commences

To start the process, you must file a Complaint for Divorce. In this filing, you will state the grounds for divorce and any relief you need to continue through the process. Some relief plaintiffs may request include, but are not limited to:

  • Child support
  • Child custody
  • Spousal maintenance
  • Legal fees

Discovery, Compliance Conference and the trial

Discovery is one of the longest processes of the divorce process. The court and the attorneys use the discovery process to paint a clear picture of the financial situation at hand. Both parties share financial documents, including net worth statements, to establish the financials of the marriage. Once that is complete, the Compliance Conference ensures that all parties have what they need for the trial.  Once the trial commences, the judge will hear arguments about the pertinent, contested issues. Once both parties complete their arguments, the judge will decide on the issues.

Finalizing the divorce

For a divorce to be finalized, the court will issue a Judgment of Divorce. This document will address all contested issues and detail the obligations of the parties involved. Either party can appeal a decision or request modifications after the trial concludes.

Contact our firm for a consultation

The Law Offices of Mark S. Paige, P.C. has been a legal resource for Rockland, Westchester, and Orange County for over 25 years. Our firm understands the impact of divorce on the individual and the family. If you need a compassionate and effective attorney to represent your needs through these tough times, contact our firm for a consultation.