No one imagines at the time of saying “I do,” that they will one day be filing for divorce. Unfortunately, roughly half of all marriages end in divorce in today’s day and age. If you find yourself facing a divorce or another family law matter, please don’t hesitate to contact a Pleasant Plains divorce lawyer here at Dow Divorce Law for an initial consultation today. We are a trusted and staunch representative of husbands and fathers here in Pleasant Plains and throughout Staten Island.

Divorce Lawyer Serving Pleasant Plains, New York

Dow Divorce Law proudly assists husbands and fathers facing a wide range of family law issues, including the following:

Filing for Divorce in New York

There are several steps involved in the divorce process in New York State. First, you and your spouse must satisfy the residency requirements to file for divorce in New York.

Residency Requirements for Divorce in New York

Generally speaking, this means that either you or your spouse must have lived in New York continuously for at least two years before filing for divorce, though there are certain situations where shorter residency periods may apply as well.

Grounds for Divorce in New York

Once the residency requirement is satisfied, you will then have to cite grounds for divorce. Fortunately, because New York is a no-fault divorce state, many people today file for divorce under the grounds of an irretrievable breakdown of the marriage for a period of at least six months.

Though fault grounds such as adultery, abandonment, cruel treatment, or imprisonment still technically exist, many divorces proceed under no-fault grounds because doing so often helps avoid unnecessary litigation and hostility between spouses.

How Does the Divorce Process Begin?

To begin the divorce process, one spouse will file either a Summons with Notice or a Summons and Verified Complaint with the court.

This document generally outlines the grounds for divorce, as well as any relief that may be requested, which can include:

Child custody
Child support
Spousal maintenance
Equitable distribution of marital property
Additional financial relief

Once the documents are filed, the other spouse must then be formally served with divorce papers by a third party who is over the age of 18.

What Happens During Discovery?

After divorce papers are served, the case will generally move into the discovery phase. Discovery is frequently one of the longest parts of the divorce process because both parties are required to exchange financial information and documentation.

Courts will often review:

Tax returns
Bank statements
Retirement accounts
Business records
Property information
Debts
Various other financial documents

This information is used before determining how financial issues should ultimately be resolved.

Temporary Orders During Divorce

During the divorce process, temporary orders may also be requested from the court. These temporary orders can address issues such as:

Temporary child custody
Temporary parenting time
Temporary child support
Temporary spousal maintenance
Payment of household bills
Exclusive use of the marital residence
Compliance with discovery requests

What Happens if a Divorce Goes to Trial?

Eventually, if spouses cannot resolve their issues through negotiation or mediation, the matter may proceed to litigation and trial. During a divorce trial, both parties may:

Testify
Call witnesses
Cross-examine witnesses
Submit documents and evidence supporting their positions

Once all issues are resolved, the court will issue a final Judgment of Divorce.

Should I File for Divorce First?

Many men also ask whether they should file for divorce before their spouse does. In many situations, filing first can provide certain advantages.

For example, filing first often gives you additional time to:

Prepare financially
Gather important documentation
Speak with an attorney before litigation begins

Additionally, if your spouse relocates and files in another jurisdiction first, there is always the possibility that you may be forced to travel for future court appearances and proceedings. Simply put, preparation can often make a very substantial difference during divorce proceedings.

Contact a Divorce Lawyer in Pleasant Plains, New York

Don’t face the divorce process alone. A knowledgeable and dedicated Pleasant Plains divorce lawyer can make a world of difference in your case. If you’re about to go through the divorce process, or are facing any other family law matter, simply contact Dow Divorce Law to schedule a confidential consultation and strategy session today.

Pleasant Plains Divorce Lawyer