As a divorce lawyer practicing mostly in Nassau and Suffolk counties on Long Island, NY, I would like to share some of the most common questions I am usually asked by new clients. I hope this helps those of your who may be considering taking steps to end your marriage through divorce.
How do I start an action for divorce or separation in New York?
To start an action for divorce or separation, the parties must file a Summons, or Summons and Complaint in the Supreme Court of New York. After that, the Summons must be served personally on your spouse, along with what is called an “affidavit of personal service”. The affidavit must be filed in the court within 120 days from the day the Summons is served. After you serve your spouse with the Summons, he or she has twenty days to respond.
What are the grounds for a divorce in New York?
There are currently seven grounds for divorce in New York State:
- Cruel and inhuman treatment
- Abandonment for more than one year
- Imprisonment for three or more years
- One year of living apart under a separation agreement
- One year of living apart under a separation judgment by the court.
- Irretrievable breakdown of the marriage for a period of at least six months
The last three listed (5, 6 and 7) fall under a “no-fault” divorce category, while the others are based on the “fault” of one of the parties.
How long does a divorce take to complete?
In Uncontested cases, the divorce can be complete usually within 60-90 days, depending upon the county. If the matter is Contested, the divorce can take a year, or in worst case, more than three years.
Am I allowed to see my spouses’ financial records?
Both spouses have the right to complete disclosure of finances in New York. This includes the spouse’s income, expenses and assets. The disclosure must occur before the case can proceed to trial or settlement.
Want More Answers? Contact Us Today for a Free Consultation
If you have more questions regarding divorce in Nassau or Suffolk Counties in New York, please feel free to call the office of Robert E. Hornberger, P.C. at 631-923-1910 for a free consolation.
For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce