If you are going through a divorce, you will need an attorney who is knowledgeable of all the divorce laws and the divorce process.  Divorce is not easy and can be quite stressful on the couple and their children.  You will need an attorney who is compassionate to your needs and your rights; you will need the services of New York City divorce attorney.  Our office will create a divorce strategy plan which will give you an easier and faster divorce experience.

In order to have a successful divorce in New York City, you need to be prepared mentally, financially and emotionally.

Definition
Divorce or dissolution of marriage is when a court declares that a marriage no longer exists. 

Initiating a Divorce in New York
To initiate a divorce, there are two-steps involved:

1. The Summons

• File a summons with the County Clerk to begin divorce action
• States grounds (reasons) for filing and requested relief (issues to be resolved)
  1. Abandonment – must be gone for 1 year
  2. Mental cruelty
  3. Adultery – must show proof
  4. One party has been in prison for 3 years
• You (plaintiff) have 120 days to serve the defendant
• Within 20 days the defendant must serve a Notice of Appearance 

2. The Complaint

• The details of the action
• The grounds for divorce are stated plus issues to be resolved

Next Steps

• Preliminary Conference
  
  
• Under New York law, you, as the plaintiff, must file a request for a preliminary conference.
• Parties agree to a time schedule - discovery
• Certain issues will be resolved.
• The court may appoint a lawyer for the children and an appraiser for any real estate.
  
  
• Discovery / Interrogatories
  
  
• A sworn net worth statement must be provided by each party – financial information.
• Includes copies of tax returns, pension plans, life insurance policies, pay stubs.
• Credit card information, partnership agreements, real estate documents, etc. must be provided
• Interrogatories, or written questions – requesting answers to financial issues.  This must be answered in writing and under oath.
  
  
• Oral Depositions
  
  
• The attorney questions the other party under oath.
• Deals with assets belonging to the other party.
  
  
• Motions
  
  
• The attorney makes a motion to receive financial relief from other party.
• Can request temporary child support, custody, fees, restraining order, etc.
  
  
• Pretrial Conference
  
  
• The court decides if all information has been received and if ready to proceed to trial.
  
  
• Trial
  
  
• If outside negotiations fail, the parties will go to trial.
• The judge will render a decision at the end of the trial.

Conclusion
While many divorces can be settled amicably, it is to your benefit to have a lawyer stand up for you and your children.  The Divorce attorneys at the Law Offices of _______________ have your best interests at heart and we will always fight for you during this stressful time.