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jeanmahserjianlaw · 4 months ago

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How to File for Divorce in New York Step-by-Step Instructions

If you are reading this, chances are that you are going through one of the most challenging and emotional times of your life. Divorce can feel overwhelming, and the uncertainty about what steps to take can add more stress to an already difficult situation. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand how tough this can be. You may feel confused about the legal process, or perhaps you are uncertain about your rights and the steps required to move forward. Rest assured, you are not alone. We are here to guide you through the entire process with understanding and empathy. Our goal is to help you navigate your case with confidence, ensuring that your interests are protected throughout.

Decide If Divorce Is the Right Decision

The first step in the divorce process is making the decision to file. This is not an easy choice, and it requires careful thought and consideration. Divorce is a life-changing event, so it is important to take the time to understand the consequences and implications. If you are feeling unsure, consider seeking counseling or discussing your concerns with someone you trust. Once you have made the decision to move forward, it’s time to start thinking about the next steps.

Understand the Grounds for Divorce in New York

In New York, you must prove that there are grounds for divorce. This means that you need a legal reason to end your marriage. There are several grounds under which you can file for divorce, and it’s important to choose the one that best applies to your situation. Some common grounds for divorce in New York include irreconcilable differences, cruelty, abandonment, and adultery.

If you are filing based on irreconcilable differences, which is the most common ground, it means that your marriage has broken down and there is no hope for reconciliation. This ground is often easier to prove, as it does not require evidence of misconduct, such as abuse or cheating.

Fill Out the Divorce Papers

Once you have determined the grounds for your divorce, the next step is to fill out the necessary divorce papers. These forms are available at the courthouse or online through the New York State website. The main form you will need to fill out is called the “Summons with Notice” or “Summons and Complaint.” This document notifies your spouse that you are seeking a divorce and sets forth the reasons why.

Along with the summons, you will need to complete additional forms, such as the “Verified Complaint” and “Affidavit of Service.” These forms provide details about your marriage, assets, children (if any), and the terms you are requesting in the divorce. Depending on the complexity of your case, you may also need to include other forms related to property division, child custody, and support. If you are unsure about which forms to file, it is important to consult with a lawyer who can help guide you through the process.

File Your Divorce Papers with the Court

After you have completed all the necessary forms, the next step is to file them with the court. You will need to bring the original completed forms, as well as copies, to the courthouse. The clerk will review your paperwork to make sure everything is in order. Once the paperwork is filed, the court will assign a case number, and you will receive a stamped copy of your papers. This marks the official start of your divorce case.

It’s important to note that there are filing fees associated with divorce cases. These fees can vary depending on the county in which you are filing. If you cannot afford the fees, you may be able to request a fee waiver from the court.

Serve Divorce Papers to Your Spouse

After filing your divorce papers with the court, you will need to serve them to your spouse. This means that your spouse must be formally notified that you are seeking a divorce. In New York, this can be done by a process server, sheriff, or someone who is not involved in the case. The person who serves the papers must complete an Affidavit of Service, which is then filed with the court to show that your spouse has been properly notified.

If you and your spouse are on good terms, you may be able to arrange for them to accept the divorce papers voluntarily. This is often referred to as "acceptance of service." However, if your spouse is avoiding service, the process server will need to make multiple attempts to ensure that they are notified.

Wait for a Response from Your Spouse

Once your spouse has been served with the divorce papers, they will have a certain amount of time to respond. In New York, the standard time to respond is 20 days if your spouse lives in the state, or 30 days if they live out of state. If your spouse agrees to the divorce and the terms you have proposed, the process can move quickly. However, if they disagree with any part of the divorce or do not respond at all, your case may become more complicated.

If your spouse does not respond within the given time frame, you can ask the court to grant a default judgment in your favor. This means that the court will finalize the divorce without the need for your spouse’s participation.

Resolve Any Issues in Dispute

If your spouse does respond and there are disagreements regarding important issues such as property division, child custody, or spousal support, you will need to work through these issues before the divorce can be finalized. In some cases, this can be resolved through negotiation or mediation. Mediation is a process where both parties work with a neutral third party to reach a mutually acceptable agreement.

If mediation or negotiation does not resolve the issues, the case will proceed to trial, where a judge will make decisions on the disputed matters. This process can be lengthy and costly, so it’s important to work with an experienced attorney who can help advocate for your best interests.

Finalizing the Divorce

Once all issues have been resolved, the court will schedule a final hearing to review the terms of your divorce. At this hearing, the judge will review all the documents, including your settlement agreement or court findings. If everything is in order, the judge will issue a final judgment of divorce. This marks the official end of your marriage.

After the divorce is finalized, you will receive a Judgment of Divorce, which legally ends your marriage. This document is important for many purposes, including changing your name, updating legal documents, and applying for benefits.

Going through a divorce is never easy, and the legal process can feel overwhelming, especially when emotions are running high. At Mahserjian & Mahserjian-Ortiz, PLLC, we are here to support you every step of the way. Our experienced attorneys can help you understand your rights, guide you through the paperwork, and provide legal representation in court. We are committed to ensuring that your divorce is as smooth and efficient as possible, so you can move on with your life.

If you are considering filing for divorce or are already in the process, don’t hesitate to reach out. We are here to answer your questions and help you achieve a successful result in your case. Let us help you take the next step toward a new chapter in your life. Contact us today to schedule a consultation.

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divorceiswar · 1 year ago

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Treat Your Divorce Like A Business Deal

You need to treat your divorce like a business deal—because that is the way your husband will. A marriage is nothing more than a contract. Divorce is nothing more than the dissolution of that contract.

Do your research! Read "The Divorce Survival Guide for Women" to learn every aspect of the divorce process. Read the articles and blog posts @www.preparefordivorce.com for even more information.

Consulting with a divorce attorney before you actually need one is the best way to research about what to expect during the divorce and the divorce process in your state. This will help you avoid mistakes that could cost you dearly later.

Although it is very important that you hire the best, most experienced divorce attorney that you can afford, you must always remain in control. Just giving a divorce attorney a retainer and letting him take over is a huge mistake. You need to be involved in every aspect of the divorce process.

Settling your divorce out of court is the ideal situation. You don't want a judge making the decisions that will affect you the rest of your life. Everyone loses in court—from the cost, emotionally and financially—to the chance of getting a bad judge (and most of them are bad). The only winners are the attorneys!

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