The Divorce Process in New York
Understanding the Divorce Process
Contested vs. Uncontested Divorce: In New York, there are two basic kinds of divorce, contested and uncontested. In a contested divorce, either one or both of the parties cannot agree about the terms of their divorce, or about getting divorced in the first place. In an uncontested divorce, both parties come to an agreement about the issues involved in their divorce – including child custody, alimony, etc.
Trial Preparation & Discovery: Following a contested divorce filing, the discovery process begins. This will help the parties delineate and value assets and income. Each party may send the other a list of questions, or interrogatories, compiled by their attorneys. The discovery process requires that each of these questions be answered by the spouse under oath or there may be requests for documents and testimony under oath (deposition).
Locating Expert Witnesses: When preparing for trial, your New York divorce lawyer may locate expert witnesses. In the context of divorce, an expert witness is someone who is allowed to express a professional opinion at the trial about the value of assets or reasons for custodial awards.
Divorce Hearings & Trial: Following discovery, attorneys will argue in the interests of their clients before the divorce happens. Each lawyer will present to the person hearing the case with information and evidence supporting their claims.
Divorce Mediation: In some jurisdictions, the law requires that both parties participate in mediation before the trial preparation or discovery process can even begin. The goal of mediation is for both spouses to attempt to resolve their differences under the guidance of a trained mediator. This is generally an excellent idea as it saves money and time about which many couples are not aware.
Divorce Settlement: Once litigation has begun, most spouses will discover that, if they can agree, they can save time, money, and frustration. Most spouses understand, on some level, that they should settle the case instead of fighting it out in court.
Grounds for Divorce
Annulments: Marriage annulments, which state that a marriage never existed, are not as common as they once were. While a divorce signifies that a marriage has ended, a marriage annulment states that, for one reason or another, the union was not an actual legal marriage. These can be complicated.
The Reason for Divorce: In terms of divorce, “grounds” refer to the reasons why you wish to end your marriage. When a party initiates a divorce, they must provide the reason why they want the divorce.
In New York, some of the most common grounds for divorce have included:
- Adultery
- Cruelty
- Abandonment
- Imprisonment
- Irreconcilable differences or agreement for a year or more.
Fault vs. No-Fault Grounds: In 1970, California was the first state to enact a no-fault divorce law. In 2010, New York enacted a similar law. Every state now provides the option of no-fault divorce and 33 states still offer fault grounds. In a no-fault divorce, no one is alleging that the other has done anything wrong in the marriage.
Post-Judgment Divorce Litigation
Post-Judgment Litigation: In some cases, former spouses will meet again in court after their divorce has been finalized. If one spouse is unhappy about the terms of their divorce or circumstances have changed—resulting in the need for a modification—post-judgment litigation may be necessary.
Appealing a Divorce Case: If you, your spouse, or both of you are unhappy with the result of your divorce trial, either or both parties may file an appeal with a higher court. When you file an appeal, you are essentially asking a higher court to determine whether or not the trial judge made an error, such as misinterpreting the law or allowing inadmissible evidence or testimony into the trial.
Modifying the Divorce Decree: Once a divorce has been finalized, the court may entertain motions to modify the divorce decree; however, they will only do so under specific circumstances.
We can help you with these issues. Call Lois M. Brenner at (646) 663-4546.
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We were looking for a mediator to help us with visitation issues we were having due to the pandemic. With all the problems we were having getting the kids back and forth, and arguing about taking trains and buses during visitations, we called Lois Brenner to help us make some decisions. She really set us straight. She spent a lot of time with us so we could get a parenting agreement together to set some rules we could both agree to. I feel a lot better now. Thank you Ms. Brenner.- Dina
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“I didn’t expect to find a divorce attorney as amazing as you!”- Deborah
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“Expert, Compassionate Counsel”- Alisa
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"Like at First Sight!" We consulted Lois on the best, most cost-effective way to get divorced. First, she extended a free in-office consultation to us. It was supposed to be one hour; it was an hour and a half. She was gracious, didn’t rush us, explained thoroughly all the ins and outs of going to court, and answered thoroughly lots of our questions. She also shared lots of great information on divorce mediation, which we really knew nothing about, and now we have decided mediation will be the best route for us. We knew in the first 10 minutes that we really liked and trusted her. We are starting our mediation process with her next week. We are really looking forward to working with her. We feel strongly she is the best person for us.- Jen
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Finding my way to Lois was the best thing that could have happened during my very contentious divorce. Lois took on my case with a level of care that has been above and beyond. She has been an incredible advocate for me, both legally, guiding me through this difficult process with knowledge and wisdom, and also personally, helping give me strength and support to stand up to my very aggressive ex husband. Lois is a gift, and I am so grateful to her and for the future she is helping to make possible to myself and for my son.- SC
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“We saved thousands of dollars!”- Gloria
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I met with Lois Brenner nine months ago, and my life has been changed for the better! She and her legal team really encouraged me to leave a very abusive husband. They gave me the knowledge and courage to take the necessary legal steps. My parents were helping me and found Lois to be smart, and compassionate. My whole family felt really comfortable having her handle my case. I am finally divorced, away from an abusive man and ready to start a new life. I can’t thank Lois and her legal team enough for all the support I received. I got a much better settlement than I expected because they were relentless in locating money my husband had hidden. Thank you so much!- Kim B.
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When I first decided to hire a divorce attorney, I thought a male attorney would be best. Lois Brenner really surprised me. Although she has written a divorce book on women’s rights, she is totally an advocate for men as well. She really understood how much I loved my kids, and listened and understood all the horrible things my wife was doing to destroy their relationship with me. She didn’t miss a beat and really went to bat for me. She reached out to my wife’s attorney every time my wife made any attempt to disrupt my visiting our kids and always demanded the best results. She made herself available, even when she was on vacation! Lois has been there every step of the way in these difficult circumstances. I highly recommend her.- Sam
