The New York City Divorce Process

Anyone is free to enter into a marriage in New York City but only courts may grant a divorce. The divorce process in New York can be complicated, but with the help of a knowledgeable lawyer from Bernfeld, DeMatteo, and Bernfeld, you can easily make it through the necessary steps to obtain a divorce.

Initiating the divorce

You and your attorney will begin your divorce action by filing a summons and complaint or a summons with notice. The spouse against whom you are filing for divorce will be personally served with the divorce papers.

Pleadings

Pleadings contain two or three documents:

• The verified complaint. In the verified complaint, your spouse is made aware of the grounds upon which you are applying for divorce and what relief you are requesting. This may include child custody or visitation expectations, child support, equitable distribution of assets, legal fees, and maintenance.
• The verified answer. Your partner prepares an answer to your complaint, admitting or denying each of the allegations you cite. The verified answer may also include affirmative defenses which, if proven, could exonerate your partner of guilt. For example, if you cite adultery as one of your grounds for guilt, your partner’s affirmative defense could be that you also committed adultery. Any affirmative defenses your partner wishes to use in court must be cited in the verified answer. Your partner may also wish to counter sue you for divorce, in which case the necessary paperwork for a counter claim would be included.
• The verified reply. If your partner chooses to counter sue, you will have the chance to prepare your own verified answer.

Discovery

This is the longest phase of the New York City divorce process and involves two meetings. During the preliminary conference, you, your spouse, and your attorneys meet and discuss which issues you can agree on up front. You also establish a schedule for exchanging all necessary information, including net worth statements, appraisals of pensions and real estate, interrogatories, and other relevant documents. After the exchange of data, you meet again in a compliance conference to establish whether the discovery phase is complete. Once both sides are prepared to go to trial, you file the necessary documents to proceed, and the court sets a date for the trial.

Motions

Both sides are allowed to file motions with the court, or requests for things that are needed before the trial is over, such as temporary custody, temporary child or spousal support, or compliance with discovery demands. The court issues decisions on all motions.

Trial

You and your partner each have an opportunity to present and defend your arguments by testifying, presenting relevant documents, and often calling upon witnesses. The court issues a decision that addresses all issues covered in the divorce proceedings.

After the decision, the court prepares and signs a judgment of divorce, at which time the divorce is finalized and official. 

Talk to an attorney today

The New York City divorce attorneys at Bernfeld, DeMatteo, and Bernfeld, LLP are trustworthy and qualified to handle your divorce case. Contact us today for a consultation.