Going through a divorce or family law matter can take a significant emotional and financial toll on both parties involved. However, you don't have to go through it alone. With the help of a legal advocate by your side, you can protect your best interests and make a difference in your case outcome.
At Hedayati Law Group P.C., our Manhattan divorce attorneys understand the importance of listening to your needs and prioritizing your goals. From handling complex financial matters to offering low-cost divorce options, we offer better legal rates compared to other New York firms, ensuring you receive dedicated counsel at a price you can afford.
At a difficult time when your family concerns are private and confidential, Hedayati Law Group P.C. provides unique and powerful solutions for divorce in Manhattan, NY. Our divorce attorneys offer understanding counsel and authoritative representation, helping you to quickly overcome disputes and avoid stress. We leverage our arsenal of courtroom-tested insights to minimize delays and clear a path towards a strong future. Don't let this difficult situation prevent you from achieving your goals and finding happiness. We are committed to helping you navigate this challenging time with confidence and ease.
New York Residency Requirements
In order to file for divorce in New York, you or your spouse need to meet the residency requirements which include:
- Living in New york for a continuous period of 2 years before filing
- Living in New York as a married couple
- Grounds for divorced occurred in NY
Grounds for Divorce in New York
New York allows both fault and no-fault grounds for divorce. The most common form is no-fault divorce and can be claimed when the marriage has irretrievably broken down for at least 6 months. Fault-based grounds include adultery, cruel and inhuman treatment, abandonment, imprisonment, or living apart pursuant to a separation judgment or decree.
Filing the NY Divorce Petition
The spouse that initiates the divorce (also known as the “plaintiff”) must file a summons with notice or a complaint for divorce in the appropriate New York court. The petition must include:
- Information about the marriage
- Grounds for divorce
- Any requests for child custody, spousal support, and property division
Serving the Divorce Papers
The spouse filing for divorce must serve the divorce papers to the other spouse (known as the "defendant) within 120 days of filing. This can be done through personal service by a process server or another person over 18 years old who is not a party to the divorce.
Response and Counterclaims
After receiving the divorce papers, the defendant has a specific period (usually 20 or 30 days) to respond. They may file an answer, admitting or denying the allegations, and can also file a counterclaim stating their own grounds for divorce and requests for child custody, support, and property division.
Discovery and Negotiation in NY Divorce Process
During the discovery process in a divorce, both parties can exchange relevant information and documents such as financial records, property valuations, and child custody proposals. Alongside their attorneys, they can negotiate and attempt to reach a settlement agreement. Alternative dispute resolution methods like mediation or collaborative law can also be used to facilitate an agreement.
If the parties fail to reach a settlement, the case may proceed to court. Common court hearings include conferences to discuss the issues, temporary orders for child custody or support, and the final trial if no settlement is reached.
Finalizing the Divorce
If an agreement is reached, the parties will sign a settlement agreement. If the case goes to trial, the judge will make a final determination on the unresolved issues. Once the judge signs the judgment of divorce, it becomes final. The divorce is complete, and the parties can move forward with the terms of the divorce, including property division, child custody, support, and any other relevant agreements.
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