HOW DO I BEGIN A NEW YORK DIVORCE?

Please review the different options that our firm offers:

Property Agreement and Divorce

Divorce without an Agreement

Conversion Divorce

Property and Separation Agreement only

Once you choose which divorce service you want, you will be automatically directed to a set of forms that you will be required to complete. You will also pay for your legal services on the website.

When the firm has received all the necessary information and payment, we begin the process of divorce. First, under the New York State Divorce Law, we must have your spouse properly served with the divorce summons along with a document for him or her to sign which allows you to go forward with the divorce without any waiting period.

Next, we will prepare all the other paperwork that we must be submitted. Some of these documents will require your signature. We will to you any documents that require your signature. Once you have returned any documents that have required you signature, we submit all of the necessary documents to the Court, including a Judgement of Divorce that a Judge will sign. Once a Judge has signed the Judgment of Divorce, we will send you a certified copy of your New York Divorce Decree.

DO I NEED GROUNDS FOR A DIVORCE?

Yes, according to New York State Divorce Law, you need grounds for a divorce unless you are proceeding with a Conversion Divorce (see below). The grounds for divorce that we use are as follows:

1. Cruel and Inhumane - This is the most common ground used for a divorce. It can encompass all other grounds for a divorce, including adultery.

2. Abandonment - This is used if your spouse has left the marital residence and has refused to return for a period of one year.

WHAT IS A SEPARATION AGREEMENT?

A Separation and Property Agreement specifies the terms of your separation or divorce. For example an Agreement usually addresses the following issues:

Such an Agreement may be used if you and your spouse simply want to separate and are not prepared to actually divorce, or it may be used as the basis for a divorce agreement.

IF WE SIGN A PROPERTY AND SEPARATION AGREEMENT, DO WE HAVE TO WAIT ONE YEAR BEFORE WE DIVORCE?

No you do not have to wait one year before filing for a divorce. No do you have to actually separate if you plan to file for a divorce immediately.

Most people seeking a divorce will obtain a Property and Separation Agreement and then immediately file for a divorce. The Agreement becomes the actual divorce settlement.

You can also have a Property and Separation Agreement to later use as a Conversion Divorce. (See below).

WHAT IS A CONVERSION DIVORCE?

A Conversion Divorce is used when you and your spouse execute a formal Separation and Property Agreement and both parties have complied with the terms of the Agreement and you have lived apart for a period of one year. You may then use this Agreement as the basis for your divorce settlement by converting it into a divorce without the necessity of claiming “grounds” for the divorce.

NEW YORK DIVORCE

SEPARATION AGREEMENT

DIVORCE AND AGREEMENT

DIVORCE WITHOUT AGREEMENT

CONVERSION DIVORCE

OTHER LEGAL SERVICES