How do I start a divorce process?

The divorce process can be a difficult and emotional experience. In New York, the process starts with one spouse filing a summons and complaint. This document must be properly filled out and sent to the other spouse. The summons explains the reasons for the divorce and the relief that the filing spouse is seeking. The complaint details the facts and grounds for the divorce. The other spouse must then respond to the summons and complaint. If they do not respond, a default judgment of divorce may be granted. If they do answer, the court will set a date for the final hearing and the parties will exchange information and documents related to the case. Parties may also try to negotiate a settlement without going to court. A settlement agreement may be reached if both parties agree on all issues in the divorce, such as child custody, support, property division, and alimony. If the parties cannot reach a settlement, the case will go to court. At the final hearing, each party will present evidence and argue their case to the court. The court will then determine the terms of the divorce, including a division of assets, child custody and support, and alimony. Once the court has granted the divorce, the parties will be required to follow the court’s orders. Divorces can be a difficult process to go through, but it is possible to start a divorce process in New York. By filing a summons and complaint and responding to the other party’s response, both parties can begin to present their cases in court and arrive at a resolution.

Related FAQs

What forms do I need to file for a divorce?
What is a default divorce?
What is a default divorce?
How does a court decide who gets custody of the children in a divorce?
What is the process of getting a divorce?
What is a qualified Domestic Relations Order (QDRO)?
What documents and information do I need to get a divorce?
What is a contested divorce?
What is the difference between a contested and uncontested divorce?
What factors will a court consider when granting a divorce?

Related Blog Posts

How Divorce Law Impacts Your Finances: Key Facts & Tips - July 31, 2023
What You Need to Know About Divorce and Child Custody - August 7, 2023
Navigating Divorce Mediation: What to Expect - August 14, 2023
Understanding the Difference Between Divorce and Legal Separation - August 21, 2023
The Impact of Divorce on Alimony & Property Division - August 28, 2023