Divorce can be an overwhelming process both emotionally and legally. It is important to understand the initial steps so you are able to navigate the situation with confidence. Understanding the first step in the divorce process is crucial to ensure you begin the proceedings on a positive note and avoid complications later on. If you are unsure how to start the process, reach out to an experienced Bohemia, NY divorce attorney for skilled advice and representation during your case.
What First Step Do I Need to Take to File for Divorce?
Several steps must be taken before the divorce process can truly begin. According to New York state law, a divorce case is officially started once one spouse files a complaint. The filing spouse must complete a “Summons With Notice” or “Summons and Complaint” with the County Clerk’s Office and pay the $210 filing fee.
Before you can file these documents, however, you must meet certain requirements. New York has a residency requirement, meaning that either you or your spouse must have lived in the state for at least one year before filing. Additionally, you need to know the grounds that you are filing under. These are the reasons that you wish to get divorced. Grounds can include:
- Irretrievable breakdown of the marriage for at least 6 months
- Inhuman and cruel treatment
- Abandonment
- Adultery
- Imprisonment
- Separation
The above and more are all valid reasons to file for a divorce in New York. Once you are sure you have met the residency requirements and have decided what grounds apply to your relationship, you can take the first step of filing.
What Does the Rest of the Process Look Like?
The process of getting divorced can take months and a lot of money. After you have taken the first step of filing a complaint, the remainder of the process depends on your jurisdiction and specific circumstances related to your relationship.
The rest of the process generally follows this timeline.
- File an official complaint, as established above.
- Serve the forms to your spouse. You must have the complaint served to your spouse to inform them of the divorce within 120 days of the date you filed the initial complaint.
- Receive their response. Your spouse must sign and return the papers within 40 days of receiving them. If your spouse agrees to the terms outlined then you are entering an uncontested divorce. However, they have the right to object to any part of the settlement, making it a contested divorce.
- Attend mediation sessions or a court date. If your spouse objects you will have to negotiate the terms of asset division, alimony, child custody, and more. This can be done in mediation or a decision can be made in court.
- The Judgement of Divorce. Once all issues are agreed or ruled on, the judge will sign the divorce decree, finalizing the end of your marriage.
Although it may not seem like many steps, the divorce process can be significant and emotionally intensive. Contact a skilled family law attorney to obtain representation during your divorce case.
