The Divorce Process In New York

Our New York City Divorce Attorney Explains

At Cedeño Law Group, PLLC, we understand that filing for divorce can often be a very tough decision to make. A divorce can have life-changing effects on each spouse, the children, and family members as well. If you are involved in a divorce or are preparing to file, our firm may help you understand the process and guide you through every step.

Contact our New York City divorce lawyer if you have questions or are prepared to secure dedicated legal representation!

Different Types Of Divorces

Divorces can be extremely stressful for many couples. Lengthy battles in court hearings can come at heavy financial cost. One of the most important services that our New York City divorce attorney offers to our clients is helping them determine the most effective course of legal action for their situation.

No two divorces are the same — some are more amicable than others. Couples who are able to negotiate a divorce arrangement without needing court supervision may engage in an uncontested divorce. Other couples who are not able to cooperate may participate in a traditional contested divorce in court.

Learn more about the different kinds of divorce procedures:

Separation Requirement

Before filing a divorce action, the spouses must have lived separately for an extended period. This usually includes signing a separation agreement. Couples filing for divorce under no-fault law are only required to swear under oath that the marriage had been broken and irretrievable for at least six months prior to filing for divorce.

Filling For Divorce

Once the requirements for separation have been met, one or both spouses may file a divorce action and state the grounds of the action. This is performed with a form known as summons with notice. This form includes a statement of the relief that the spouse intends to seek, as well as a complaint that states details of the divorce action.

Notification Of Divorce Action

After the summons with notice has been filed, the other spouse will be notified about the impending divorce. This is the spouse’s opportunity to either agree to the terms of a complaint or request a hearing to respond. This is the last stage of preliminary actions before the formal court procedures begin.

Temporary Hearing

Before the formal trial begins, a hearing is held to establish temporary rulings for time-sensitive matters. This includes child custody, property division and support agreements. It is likely that many of these determinations may change after the final judgment — it is important for the temporary arrangements to reflect a fair resolution.

Trial And Agreement

During the trial, judges will review the grounds for divorce and determine whether these grounds have been adequately proven. Each spouse may have the opportunity to defend their position and best interests, including those of their children. However, in a court-supervised divorce, the final decree of a divorce settlement is decided by a judge.

In a divorce trial, it is vital that your interests and needs are effectively demonstrated and defended. Spouses who are unhappy with the final decision may be able to file an appeal and return to court with the case. In the cases of support and custody, modifications may be requested in light of the changing circumstances that each spouse may face.

Look After Your Future — Call 212-235-1382

We understand that the situation you are going through may come with its own unique difficulties. Our mission is to help our clients achieve their goals in a timely and effective manner. Allow us to represent you at every obstacle and guide the dissolution of your marriage without troubles. We remain reliable and accessible to our clients so they may have their questions and concerns answered.

Contact Cedeño Law Group, PLLC, and schedule a consultation so we can begin discussing your matter and working on your case!