Starting the case
In New York, a divorce is filed in Supreme Court, not Family Court, and at least one spouse must meet a residency requirement first. The case begins when the filing spouse purchases an index number and files a summons, together with either a complaint or a notice describing the relief sought. The papers must then be served on the other spouse within a set time. Automatic orders bind the filing spouse at filing and the other spouse once served, generally restricting transfers of property and changes to insurance. Most cases rely on the no-fault ground, which calls for a sworn statement that the marriage has broken down irretrievably for a period.
Moving through the middle
Contested cases proceed through financial disclosure, including the sworn statement of net worth, and a preliminary conference at which the court sets a schedule. Requests for temporary support, custody, or use of the home can be made while the case is pending. Discovery, valuation, and negotiation follow, and many cases settle with a written agreement. If they do not, the court holds a trial on the issues that remain. Questions about the children are decided within the same case, and in contested custody matters the court may appoint an attorney for the child. Uncontested cases skip most of this and move forward on a set of sworn papers and a proposed judgment.
Finishing, and what comes after
The divorce is final when the judgment is signed and entered, and its terms are then carried out through deeds, retirement orders, and account transfers. In a first consultation we talk about whether your case is likely to be contested, which issues need immediate attention, and what you should prepare. Bring your marriage date, residency history, information about the children, and a basic list of assets and debts. Knowing the steps does not make every case predictable, but it makes planning possible.
