How do I file for divorce?

Filing for divorce in New York requires the filing of a Summons with Notice or a Summons and Complaint. The Summons with Notice requires the spouses to go through a period of separation before the divorce is finalized. The separation period is a six-month period during which the couple is not allowed to live together as husband and wife. The Summons and Complaint, on the other hand, does not require a separation period for the spouses to obtain a divorce. The Complaint must be filed with the court, and once it is filed, the court will set a date for a case conference. The case conference is an initial hearing between the couple and their attorneys to discuss procedures of the divorce process. Divorce laws in New York also require a financial disclosure, where each spouse must disclose any and all income, assets, and liabilities to the court in order to reach a fair and equitable divorce settlement. After this disclosure, the couple may begin negotiating a settlement agreement. This agreement will address any issues such as division of property, alimony, child custody, child support, and other issues related to the marriage. Once the settlement agreement is agreed upon, the couple must then file it with the court and obtain a Judgment of Divorce. The Judgment of Divorce is a document that legally dissolves the marriage and provides the couple with a legally binding divorce decree. This document is the officially proof of divorce, allowing the couple to move forward with their lives.

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