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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Dealing with this firm was a gift from above. They were very understanding and made the whole process painless. They are open after regular work hours which was super convenient for a working professional. As a Surgeon in NYC going through this process the firm was very accommodating to my changing schedule. I am forever grateful that the firm was able to find a great solution to all issues so that everyone was taken into account and came to a responsible agreement. Thank you Lois Brenner you are the best!- Jose Loor
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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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Connecting with Lois was the best thing that could have happened during what has been very difficult and fraught divorce. Lois took on my case with knowledge, wisdom and care that have been above and beyond in every way. She recognized abusive and unstable behavior in my ex-husband, and offered both strong legal guidance, as well as personal encouragement and strength to stand up to him. Her support has been invaluable to me, and I am so deeply grateful for everything she has done in helping forge a better more stable future for me and for my son.- SC
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My divorce was very stressful time. Since we were able to agree with my ex-husband on many important issues I originally thought that I will be able to fill in all the necessary documents by myself. It turned out that it is nearly impossible task. The amount of paperwork was overwhelming! I was not happy with some lawyers I've approached - too expensive, too impersonal, too aggressive. When I met Lois everything changed. For very reasonable price she was able to help us - talked to both of us, gave us great suggestions. Everything went extremely well. It was quick and painless. We could not thank her enough!
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Lois Brenner is a remarkable attorney and compassionate advocate for dads. She guided me when I was confused and didn't know what to do to get shared custody of my daughter. She encouraged me to stay strong and to fight, and she negotiated a much better custody arrangement than my previous lawyer. What great attorney. Thank you Ms. Brenner- Christoff
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I am a highly successful money manager and before meeting Lois Brenner, hiring a divorce attorney was a disaster. Two previous divorce attorneys really wasted my funds, and had no savvy when it came to asset and property distribution. Lois Brenner finally fixed the mess I was in. She and her team of financial experts, including attorney Matthew Ehrlich were able to prepare an asset and property distribution that was realistic, keeping in mind tax ramifications, and important distributions and allocations. They negotiated a thorough and financially sound divorce settlement. If you have a lot of assets, just any divorce attorney won’t do. You really need someone with a lot of knowledge. Lois Brenner and Matthew Ehrlich were really impressive. Thanks!!- Michael C.
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I have hired Mrs. Brenner and had the best experience with her in my complicated and intense divorce. She was there for me all the way, always answering promptly any questions I had. She gave me the best advice, in such a caring and kind way. She has an amazing team of specialists, that will cover any needs you might have. I highly recommend Mrs. Brenner, you can feel she’s got your back!- JN
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“You are truly the best divorce attorney in New York!”- Christine
