What to Expect in a New York Divorce Court

Going through a divorce is a difficult experience for anyone. It can bring up many emotions and questions about what the future will look like. If you are going through a divorce in New York, you may be wondering what to expect in divorce court. Understanding the process and what may happen can help ease some of the stress. This guide will walk you through what to expect in a New York divorce court and how things usually unfold. At, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C , we are here to guide you through the legal process and help you navigate the complexities of your case.

Richard H. Cole
Partner

Thomas F. Hewner
Partner

Donna L. Haslinger
Partner

Vivian P. Roche'
Partner

Keith R. Rosso
Attorney

Tasha D. Frazie
Attorney

The Beginning of the Divorce Process

The divorce process in New York begins when one spouse files a document called a “Summons with Notice” or a “Summons and Complaint.” This document is given to the other spouse, letting them know that a divorce has been started. If you are the spouse who receives this document, you will need to respond. The response is usually called an “Answer” and it gives you a chance to agree or disagree with what was stated in the Summons. This is the first step in the process and will determine how things will go forward. Sometimes, both spouses agree on the issues in the divorce, which can make the process smoother. If you and your spouse agree on things like child custody, dividing property, and support payments, you can submit your agreement to the court for approval. If there are disagreements, that is when the case will need to go through more steps in divorce court.

Temporary Orders

Before the final decisions are made in a divorce case, the court can make temporary decisions called “temporary orders.” These temporary orders can cover many issues, such as where the children will live during the divorce process, how much money one spouse should pay to the other, or who will live in the family home. Temporary orders are not the final decisions in the case, but they are put in place to make sure that things run smoothly while the divorce is still being worked out. For example, if one spouse moves out of the family home, the court might issue a temporary order saying that the other spouse can stay in the home until the divorce is finalized. If there are children involved, the court may decide on temporary custody and visitation arrangements so that both parents can continue to see the children. These temporary orders can be changed later on, but they provide a way to keep things fair during the divorce process.

Attending Court Hearings

If you and your spouse cannot agree on the terms of the divorce, you may need to attend court hearings. At these hearings, both spouses will have the opportunity to present their side of the case. The judge will listen to both sides and may ask questions to better understand the issues. In some cases, the judge may also speak with witnesses or look at evidence. These hearings are very important because they help the judge make decisions about important matters like dividing property or deciding who will have custody of the children. It is important to be prepared for these hearings. You should bring any documents or information that may help the judge understand your position. Your lawyer will also play a key role in presenting your case to the judge. Going to court can be stressful, but it is an important part of the process when spouses cannot agree on their own.

Deciding Child Custody

One of the most emotional parts of a divorce is deciding who will have custody of the children. In New York, the court’s main focus is on what is best for the children. The judge will look at many factors when making this decision, such as who has been the primary caregiver, the relationship between the children and each parent, and the ability of each parent to provide a stable home environment. If both parents agree on a custody arrangement, the court will usually accept the agreement. However, if there is a disagreement, the judge will make the decision based on what will be best for the children. In some cases, the judge may also appoint a person called a “law guardian” or an “attorney for the child” to represent the children’s best interests. This person will speak with the children and give their opinion to the court about what is best for the children.

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Property Division

Another important issue in a divorce is how the property will be divided. In New York, property is divided in a way that is fair, but not necessarily equal. This is called “equitable distribution.” The court will look at many factors when deciding how to divide the property, such as how long the marriage lasted, each spouse’s financial situation, and what each spouse contributed to the marriage. Property can include many things, like the family home, cars, bank accounts, and even retirement accounts. If you and your spouse agree on how to divide the property, the court will usually approve the agreement. If you cannot agree, the judge will make the decision for you. It is important to understand that not all property is divided. Only “marital property,” or property that was gained during the marriage, is divided. Property that one spouse owned before the marriage or that was given to them as a gift or inheritance may not be included in the division.

Support Payments

During a divorce, one spouse may be required to pay money to the other spouse to help with living expenses. This is called “spousal support” or “maintenance.” The court will look at many factors to decide whether spousal support should be paid and how much should be paid. These factors can include how long the marriage lasted, the financial needs of each spouse, and each spouse’s ability to support themselves. The goal of spousal support is to make sure that both spouses can live comfortably after the divorce. The court may also require one parent to pay child support to the other parent. Child support is money that is paid to help cover the costs of raising the children. In New York, there are guidelines that help the court decide how much child support should be paid. These guidelines are based on the income of both parents and the needs of the children. The court can adjust the amount if there are special circumstances.

Finalizing the Divorce

Once all of the issues in the divorce are resolved, the court will issue a final document called a “Judgment of Divorce.” This document will include all of the decisions that have been made about things like custody, property division, and support payments. Once this document is signed by the judge, the divorce is final. This means that you are no longer married and are free to move on with your life. If you and your spouse reached an agreement, the terms of your agreement will be included in the Judgment of Divorce. If the judge made the decisions for you, those decisions will be included in the document. It is important to understand that the Judgment of Divorce is a legal document and you are required to follow the terms that are laid out in it. If there are any issues with following the terms, you may need to go back to court to have them addressed.

How a Lawyer Can Help

Going through a divorce can be confusing and emotional. There are many important decisions that need to be made and it is important to make sure that your rights are protected. A lawyer can help you understand the process and make sure that you are making the best decisions for your future. Whether you are dealing with issues like child custody, property division, or support payments, having someone on your side who understands the law can make a big difference. They can help you negotiate with your spouse, present your case to the court, and make sure that your voice is heard.

Going through a divorce in New York can be a challenging process, but understanding what to expect can help make things easier. From filing the initial paperwork to attending court hearings and receiving the final Judgment of Divorce, each step plays an important role in the process. If you find yourself dealing with temporary orders, child custody decisions, property division, or support payments, it is important to be prepared and informed about your rights. By having a clear understanding of the divorce process, you can make decisions that will help you move forward with confidence. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to help you through every step of your divorce. Our experienced team can guide you through the legal process and ensure that your rights are protected. Contact us today to learn how we can assist you during this difficult time.