If you are considering a divorce, you may be feeling a mix of emotions from uncertainty to relief. You may be worried about how to start the process and what the next few months may bring.
However, Colwell Law Group is always ready to provide support in this difficult time. We help our clients navigate the initial steps of a divorce in Saratoga Springs with confidence and compassion. Before anything is finalized, it may be helpful to understand the divorce process and why having the experienced legal support of an attorney may make a difference.
One of the first steps of a divorce in Saratoga Springs is proving that you are a legal resident of New York. According to New York Domestic Relations Law § 230, you may file for divorce if:
Issues may occur if neither you nor your spouse has lived in New York long enough to qualify. However, once residency is established, the Supreme Court of the State of New York has jurisdiction over your divorce.
In Saratoga Springs, the divorce initially starts when the plaintiff (the person filing for divorce) files a Summons with Notice or a Summons and Complaint with the county clerk’s office. This lets the defendant (the other spouse) know that divorce proceedings are underway.
Beyond the Summons and Complaint, you need to file some important documents, including a Notice of Automatic Orders, which explains the rules both spouses must follow during the divorce, and a Notice Concerning Continuation of Health Care Coverage, which tells both you and your spouse about your health insurance rights after filing. If you and your spouse have already agreed on how to divide your property and handle support and custody, you also need to include a Settlement Agreement.
Taking the first legal steps in a divorce sets the stage for the rest of the divorce. Our team at Colwell Law Group ensures all documents are properly prepared and submitted, so you can move forward without added stress.
Once the divorce is filed, the divorce papers should be served. The plaintiff has 120 days to make sure the papers are hand-delivered to the defendant.
The rules for serving the divorce papers are specific. The plaintiff cannot serve the papers; the server who is a New York resident must also be at least 18 years old, and service can only take place Monday through Saturday, unless the defendant observes the Sabbath on a Saturday.
If the defendant lives outside New York, the laws of that state apply. If they cannot be located, an alternative method, such as publishing a notice, may be approved. A knowledgeable divorce lawyer, such as those at Colwell Law Group, may be instrumental in the initial steps of the divorce process.
Taking the initial steps of a divorce in Saratoga Springs, from figuring out residency to filling out and serving the divorce papers, may feel overwhelming. This early phase of divorce includes details that can shape the entire outcome.
At Colwell Law Group, we offer experienced legal support tailored to your needs and situation. Contact us today to schedule a complimentary consultation and take the first step of your divorce with confidence.
Colwell Law
N/a
(518) 462-4242
513 Broadway