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The divorce process in New York City involves several key steps:
Meet Residency Requirements: At least one spouse must meet the residency requirements to file for divorce in New York City. Generally, either spouse must have lived in New York for a continuous period of at least one year before filing.
Grounds for Divorce: New York offers both fault-based and no-fault grounds for divorce. Couples can file for a no-fault divorce, citing an "irretrievable breakdown" of the marriage. Alternatively, fault-based grounds like adultery, abandonment, or cruel treatment can also be used.
Filing the Divorce Papers: The spouse initiating the divorce (the plaintiff) files a summons and complaint for divorce in the appropriate county's Supreme Court. The defendant spouse is served with the divorce papers.
Response and Negotiation: The defendant has the opportunity to respond to the divorce complaint. Both parties may engage in negotiations or proceedings to settle issues such as child custody, support, property division, and alimony.
Court Proceedings: If the divorce is contested or if there are unresolved issues, the case may go to court. The court addresses outstanding matters and issues a final judgment of divorce.
Finalizing the Divorce: Once all terms are settled and approved by the court, a judge issues the final judgment of divorce. The marriage is legally dissolved, and both parties are free to remarry.
The divorce process in New York City can vary in complexity based on whether the divorce is contested or uncontested, and the willingness of both parties to reach agreements on key issues. Seeking guidance from a knowledgeable attorney can streamline the process and ensure your rights are protected throughout.
