Dutchess County Divorce Lawyer

In order to file in the State of NY, the law requires that a couple must provide grounds (a legal reason) for the termination of their marriage. Whatever the grounds may be, some couples can move forward with a divorce by resolving their issues privately.

If a couple is able to agree on all the terms of their separation, including child custody, support, or property distribution, the couple can enter what is called an uncontested divorce.

Benefits of Filing an Uncontested Divorce Include:

• Minimize or completely eliminate negative emotional consequences
• Reduce financial impact
• Swift and affordable resolution
• Cooperative and private process
• Allows couples to make customized orders based on their own decisions

Does Adultery Affect Divorce in New York?

In New York, adultery does have an effect because couples are given the option to seek a “fault” divorce. This means poor treatment, and abandonment can be treated as a marital fault. Usually, adultery or cheating is not considered when awarding alimony or dividing marital property.

Do You Have to Be Separated for a Year?

In NY State, if you and your spouse have been separated for at least one year or if there's been an “irretrievable breakdown of the marriage” for at least six months you can seek a no-fault divorce. Couples can also seek legal separation after entering into a separation agreement and living apart for at least one year.

What Is a Wife Entitled to in a Divorce?

Under New York’s equitable distribution laws, a wife is entitled to “marital property”. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

How Long Does It Take to Get a Divorce?

The process of getting a divorce can take anywhere from months to years, depending on the circumstances of your situation. If the divorce is uncontested, meaning that both parties agree to the divorce, it can be finalized relatively quickly, even within a few weeks. However, if the divorce is contested, meaning that one party does not want the divorce or there are disagreements over issues like child custody, spousal support or property division, the process can take much longer. The most important thing you can do is ensure you have an experienced Dutchess County divorce lawyer on your team to fight for the best possible outcome for you and your family.

What Happens if You Don’t Sign Divorce Papers in New York?

If one party refuses or doesn't sign the divorce papers in New York, the divorce process can still move forward, but it causes it to become more lengthy and complicated.

When one part doesn't sign or respond to the divorce papers, the spouse who filed for the divorce (called the “petitioner”) can request a default judgment which means the court can grant the divorce even if the other party does not participate in the proceedings. Proof will need to be provided that the petitioner properly served the divorce papers to their spouse and the waiting period for them to respond has passed.

However, if the other party contests the divorce and refuses to sign the papers, the divorce may go to trial where a judge will make a decision on the terms of the divorce. Going to trial can be costly and time-consuming, it is more beneficial for the couple to try and reach a settlement agreement outside of court instead.