Deciding to end a marriage can bring up many questions, emotions, and sources of conflict. By learning about the divorce process in Syracuse, you can understand what to expect and how to prepare yourself. You can choose to represent yourself in Court, but you may find it beneficial to collaborate with an attorney.
People from across the state have trusted the Colwell Law Group, LLC, to help them navigate the courtroom and represent their interests at the end of a marriage. Our compassionate divorce attorneys spend considerable time getting to know our clients and what their priorities are so we may tailor a legal strategy that works best for them.
Who Can Get a Divorce in Syracuse?
Under New York Domestic Relations Law § 230, people seeking to end their marriage in New York must prove this Court has jurisdiction over the proceeding. This typically means a petitioning spouse must meet at least one specific residency rules. They are:
- The couple was married in the state and at least one person has lived there for the previous year
- The couple has lived together as spouses and either one has been a state resident for the previous year
- The reason for divorce occurred in state and either of the spouses has lived there for one year immediately before the date of the occurrence
- Both people are residents of the state and the reason for the divorce occurred in state
- Either spouse was a state resident for the two years before the divorce
Additionally, the spouses must provide sufficient evidence that the reason they want to end their marital relationship meets the requirements under N.Y. Dom. Rel. Law § 170. For example, even divorces that are filed on no-fault grounds require an indication that the spouses’ relationship is irretrievably broken and has been that way for at least six (6) months.
The first step in the divorce process is figuring out if the spouses are eligible to legally dissolve their marriage in this jurisdiction. Local family attorneys have the skills necessary to review a couple’s circumstances and determine if they meet the relevant requirements to end their union.
Steps To Initiate Divorce Proceedings
The specific legal process involved with ending a marriage in Syracuse can vary from one case to the next, largely based on whether the parties are seeking an uncontested or contested divorce. In both situations, divorce proceedings begin with one spouse filing a complaint to ask the Court to end their union. The filing spouse must also serve the other person a copy of the divorce papers, either by handing it to them personally, having a process server do so, or, in some cases, sending the document via Certified Mail.
Spouses may qualify for an uncontested divorce if they agree on all issues regarding their separation, including property division and alimony. If spouses disagree on a single issue, they may have to participate in a contested divorce process to settle their legal differences. Both options eventually involve going to Court and asking the Judge to dissolve the union; however, a contested divorce often requires more time and resources.
A Syracuse Attorney Could Help You Navigate the Divorce Process
If you are considering filing for divorce or are already in the midst of these proceedings, you may have a whirlwind of questions. You may need to decide how to divide your and your spouse’s assets and debts, when to file paperwork, or how to figure out child custody issues.
Working with a seasoned lawyer could help you confidently move through this process. Our team would be happy to discuss what we could do to help ease your stress and support this transition to the next stage of your life. Contact the Colwell Law Group, LLC, to set up a consultation about the divorce process in Syracuse.