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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I had read about Lois’ unusual divorce method in one of her blog posts. It was refreshing to see someone was working with the psychological issues in divorce. My husband is bipolar and getting him to agree to a divorce and commit to the process was tough. When we met with Lois she really understood him. She immediately identified his mental health issues, and because she has a psych background, she was empathetic to his needs and was skillful at guiding him through her divorce mediation process. It took a while but she really got us to a point where we could actually discuss things without my husband blowing up. Her method is unique and it really helped in our situation. She actually recommended a great psychiatrist who changed my husband’s meds at her urging (she has a medical degree too), and my husband is coping much better. We can’t thank her enough for her compassion and advice! If you need a divorce attorney, especially if mental illness is a part of the fabric of your marriage, go see Lois! Thanks Lois - Beena T.
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I utilized Lois's services for divorce. She was most helpful in all aspects. First, she explored reconciliation, which was the right thing to do. Absence of that, her suggestion of what to negotiate for, how to do it without unnecessary anger & hostility to the ex & how to expedite the process was invaluable. Timewise she was excellent & sympathetic to what I was going through. She was always available & her fees were very reasonable. I would strongly recommend her as a divorce /representative attorney.
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What a gem! Lois Brenner is the best out there by far... She got my husband and I right away. Listened, guided, let me cry, and never gave up on us during our mediation sessions. It was not easy but she made it possible. Even my husband liked her and agreed to mediate after we had lots of arguments. Thank you Lois. I already recommended you to my cardiologist. Have a happy, productive New Year.- Bernie A.
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Best Divorce Lawyers in NYC!! I can’t say enough about Lois Brenner. She saved my life. I was really being abused by my husband. I wanted a divorce, but I was scared to leave. Hiring her provided me with a support system that helped me break free of a destructive marriage. She, along with her team of professionals, and her litigation colleague Matt really gave me the backbone to step up and out. My children are safe, I’m back at work, and we are no longer afraid. The ongoing legal and personal support made all of this possible. Working with Lois and Matt was a life-changing experience. Katie M.- Katie M.
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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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Lois Brenner was great to work with. She was very thorough and efficient! I would recommend Lois to anyone seeking an amicable divorce.- RW
