Juan Luciano Divorce Lawyer

The New York Divorce Process

A divorce can be complicated even if you and your spouse agree on issues like property division and alimony. In fact, many divorces in The Bronx are contested.

Historically, spouses had to prove fault in order to get a divorce. Fault-based grounds included adultery, cruel and inhuman treatment, desertion, and incarceration. Now, Bronx couples may obtain a divorce on the basis of an irretrievable breakdown in their marriage.

1. Filing for Divorce
The first step in the Bronx divorce process is filing a set of forms with the local Supreme Court. These forms establish a spouse’s residency requirements, identify the parties, and outline any issues that couples want the court to resolve.

A couple may wish to request things like custody, support and property division. For example, New York has specific formulas for determining child support payments. Likewise, parties can make agreements about physical custody or legal custody, and the court will enforce these agreements in the event of a contested divorce.

After the filing, someone over age 18 needs to serve your spouse with copies of the initial divorce papers. This is known as “service of process.” Your spouse may sign an affidavit agreeing to everything in the Summons or decline to respond at all, which would convert your case into a default divorce.

2. Service of Process
Whether your case is contested or uncontested, it will require many forms that require you to disclose information about your assets, debts, and income. If you do not file all required forms, the court may dismiss your case.

Service of process refers to the delivery of legal documents to a party involved in litigation. The gold standard is personal delivery, which means that a person actually hands the document to the defendant.

The law allows for substituted service if this is not practical. A party to the lawsuit must file an application with the Supreme Court for permission to use this method. The application must also meet other criteria set out in the law. New York has different rules and guidelines for service of process than other states, so it is important to work with a process server who understands the differences.

3. Discovery
If the divorce is contested, then both parties must participate in the discovery process. This includes sharing financial documentation, interrogatories, admissions of facts, and depositions.

Depending on the grounds for divorce, the parties may also need to exchange forensic accounting reports. This is often one of the longest parts of the divorce process, as spouses share years worth of bank statements and other relevant information.

Abuse is another important issue that can impact divorce cases, particularly regarding spousal and child custody issues. Abuse can be in the form of physical, emotional, or psychological abuse. It can also include stalking, harassment, or interference with visitation. In these cases, the court may award restraining orders or supervised visitation. Your Divorce Lawyer Bronx can help you navigate these sensitive issues.

4. Trial
The divorce process is most efficient if spouses can resolve all issues through skillful negotiation. If not, they must go to trial in order to have a judge make the final decision on any unresolved issues such as child support or property and debt division.

Spouses can be questioned under oath by their Divorce Lawyer Bronx in the presence of a court reporter who transcribes the testimony into a written transcript. Third parties such as bookkeepers or accountants may be subpoenaed to provide information.

Depending on how many issues are contested, a case can take months or even more than a year to complete. The delay can also be exacerbated by spouses who fail to comply with the schedule or appear for hearings as ordered. New York judges have the authority to sanction a no-show spouse by fines or jail time.

5. Final Judgment
Once your negotiated uncontested divorce agreement is approved by the judge, they will issue a final judgment. This officially dissolves your marriage and makes the terms of your agreement official public record.

If you and your spouse are unable to reach a deal, a judge will decide the most fair arrangement for your case. This can include issues like dividing assets and settling alimony payments.

In New York, there are seven grounds that will allow a court to grant you a divorce, including cruel and inhumane treatment, abandonment, imprisonment, adultery and divorce following a period of legal separation. If your spouse disputes the grounds of your divorce, the process will become contested and you will need to submit an Answer along with a Request for Judicial Intervention.

Hiring a Divorce Lawyer Bronx

The divorce process can be long and arduous, with many complex legal issues to resolve. Having a Divorce Lawyer Bronx on your side can help level the playing field and improve your chances of a fair settlement.

They know New York state divorce laws and local court procedures. They can also objectively handle negotiations, which saves you time and money.

Legal Advice
Divorcing couples must navigate the various emotional and legal considerations that impact their lives. These decisions can affect them for years to come. Choosing the right attorney can help minimize the stress that comes with these decisions.

Spouses may disagree about various issues, such as property division, alimony, and child custody. A Divorce Lawyer Bronx provides guidance and representation throughout this process. They can also help negotiate any remaining issues or move the case to a method of alternative dispute resolution like mediation.

A Divorce Lawyer Bronx is familiar with the rules and procedures specific to New York State. They provide advice tailored to the needs of each individual client. They also ensure that all paperwork is filed properly and according to local court requirements. This can include complex documents, such as petitions for divorce and affidavits of service.

Document Preparation
In New York, there are various documents required to get a divorce. A Divorce Lawyer Bronx can ensure that all of the proper paperwork is filed correctly and within the required time frame. They also prepare forms related to custody, visitation, and child support. They can even help couples decide how much spousal maintenance to pay, if any, and its duration.

Additionally, they can help spouses resolve issues surrounding property division, alimony, and other financial considerations. They can even advise clients on whether or not collaborative divorce or other alternative dispute resolution methods might be more appropriate for their situation.

A Divorce Lawyer Bronx is familiar with the unique laws and challenges that might arise in a case within the borough, so they can ensure that all paperwork and filings comply with local requirements. This helps to speed up the case and increase the chances of a favorable outcome. They can also provide guidance on issues such as addressing public housing and rent-stabilized properties.

Courtroom Representation
A Divorce Lawyer Bronx knows the unique challenges and issues that can come up in the borough. They’ll understand the local court procedures and filing requirements and will provide advice that’s tailored to your specific situation.

They can handle all aspects of your case, including contested and uncontested divorces. A contested divorce involves the couple disputing over divorce terms, such as property division, alimony, and child custody. These cases usually require a trial, which can take up to a year or more.

An experienced Divorce Lawyer Bronx can help couples with a contested divorce reach an agreement through mediation or collaboration. The process is less expensive than going to trial and can lead to a more amicable separation. They can also advise clients about different types of child custody arrangements, such as sole, joint, or split custody. They can also help clients obtain a child support modification when circumstances change. This includes a change in income, health, or other factors.

Communication Skills
A divorce is a complex time that can bring out intense sadness, resentments, regrets, and financial insecurities. During this difficult time, spouses often struggle to get along with each other. This can make it hard to find a solution that works for everyone involved.

Spouses need to work together in order to reach a divorce agreement on issues like property division, child custody, and support arrangements. A skilled divorce lawyer can help spouses compromise on these issues and create a fair resolution.

A Divorce Lawyer Bronx also understands the unique aspects of divorce cases in the city, including local court procedures and filing requirements. They can provide customized legal advice to their clients, taking into consideration factors such as residency requirements, grounds for divorce, and equitable distribution laws that apply to New York state. They can also negotiate a prenuptial or postnuptial agreement that covers assets, debts, and spousal maintenance. This can save both parties the time and expense of a trial.