Untangling a couple’s emotional, financial, and legal ties through divorce is complicated and can cause considerable anxiety. Taking the time to understand the tasks you must complete and the procedures you must go through can be helpful.
Contact a knowledgeable matrimonial attorney for information on the Troy divorce process. The team at the Colwell Law Group, LLC can help you navigate this system and achieve your goals for your divorce.
One spouse begins the process by filing a complaint asking for a divorce at the Clerk’s Office of the Supreme Court of the State of New York. This complaint should be filed in the county where either spouse lives. The complaint must affirm that the couple meets the residency requirements, and it must state the legal grounds for the divorce.
The Courts require a filing spouse to provide supporting documents with the complaint. These may include proposals for dividing the marital property, a parenting plan if the couple has minor children together, and a request for spousal maintenance, if applicable. Sometimes, the couple has already agreed on all these issues. If so, the supporting documents should include their signed agreements.
Within 120 days, the filing spouse must serve the other party with a copy of the complaint and any supporting documents. If the receiving party lives in New York, the filing spouse can have any New York resident above 18 years old personally hand the divorce papers to the defendant. A Troy attorney could arrange this service and ensure a smooth start to the divorce process.
Once a spouse receives the divorce papers, New York Civil Practice Law and Rules § 320 allows them 20 days to respond. They could sign and return an affidavit accepting the divorce and the serving spouse’s demands. In such cases, the couple has an uncontested divorce.
Should the receiving spouse dispute the grounds for divorce or disagree with any of the terms for property division or co-parenting, they must respond with a Notice of Appearance, a countersuit, or an answer to the allegations in the complaint. This document notifies the filing spouse and the Court that the divorce is contested.
Whether a divorce in Troy is contested or uncontested, the next step in the marriage dissolution process is to submit a Request for Judicial Intervention. This notifies the Court that it must take action. In the case of an uncontested divorce, the action is reviewing the plaintiff’s documentation and, if it meets all requirements, issuing a divorce Order. If the divorce is contested, the Court will enter the matter on its docket and schedule a discovery period.
Uncontested divorces often move quickly and usually do not require a Court hearing. If the documents submitted are complete, address all terms of the divorce, and meet legal requirements, the Court may issue the divorce Order within a few weeks.
Contested divorces take longer but may be an ideal option for ensuring both parties’ voices are heard. The parties must complete discovery, which involves exchanging and verifying financial information. This process could require answering written questions under oath and appearing at depositions. In some cases, a divorce attorney must subpoena third parties, like accountants or business managers, to obtain information. Divorcing spouses in Troy often continue to negotiate throughout the discovery process and often reach an agreement between themselves.
If the parties can find consensus on all outstanding issues, they can submit their agreements to the judge, who will incorporate them into a divorce Order after review. If they cannot resolve their differences, the judge holds a trial on the issues in dispute and issues a final ruling.
A divorce is a complicated legal undertaking. Working with an experienced attorney is the best way to protect your rights and keep the process moving forward.
Reach out to a local family law firm for help with the Troy divorce process. Consultations at the Colwell Law Group, LLC are complimentary, so schedule a time to discuss your situation with a legal professional today.
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