How Long Do My Spouse and I Need to Be Separated to Get a Divorce in NY?
If you believe that you and your spouse are ready to get divorced, then you must ensure that you hire the right New York City divorce lawyer to represent you and advocate for your best interests. At times, divorce can become quite complicated, which is why you need an experienced and skilled attorney on your side who has handled countless divorce cases in the past. Contact Barrows Levy PLLC today to learn more about how our firm can guide you through every step of the legal process ahead.
As you know, divorce is something that will have a significant impact on your life, perhaps for years to come. A lot is at stake in a divorce, including your assets, child custody matters, and more, which is why you need a New York City divorce lawyer who can effectively handle your case.
The New York City divorce lawyers at Barrows Levy PLLC provide clients in New York City with strong and compassionate legal representation through a wide array of family law matters, including the following:
As you may know, for many spouses, divorce can be civil and rather uncomplicated, especially if they can agree on all terms of their divorce. This is known as an uncontested divorce. However, in most cases, spouses cannot agree on the terms of their divorce, such as alimony, property distribution, child custody, and more, and when this happens, the couple is in what is known as a contested divorce. When a couple is in a contested divorce, a judge will ultimately decide the terms of their divorce agreement, which is why you need an attorney who can provide you with the quality legal representation you need so you can go on to live a successful and fulfilling life after your divorce is finalized.
The contested divorce process in New York State is often more complex and time-consuming than an uncontested divorce, largely because the spouses do not agree on one or more critical issues—such as child custody, property division, or support. When this happens, the case must proceed through several formal stages before a resolution can be reached, either through settlement or at trial.
Below is a step-by-step breakdown of the contested divorce process in New York:
1. Filing the Summons and Complaint
The process begins when one spouse (the “plaintiff”) files a Summons with Notice or a Summons and Verified Complaint with the Supreme Court in the county where either spouse resides. This document formally starts the divorce case and outlines the grounds for divorce, along with any initial demands (such as custody or financial relief).
If a Summons with Notice is filed first, the Verified Complaint must follow if the case progresses.
2. Serving the Other Spouse
The plaintiff must serve the divorce papers to the other spouse (the “defendant”) within 120 days of filing. Proper service is a legal requirement, and it must be done by a third party who is at least 18 years old and not involved in the case. The defendant then has 20 to 30 days (depending on how they were served) to respond by filing an Answer.
If the defendant files an Answer that disputes any part of the complaint, the divorce is officially “contested.”
3. Preliminary Conference
Once both parties have filed their initial pleadings, the court will schedule a Preliminary Conference. This is typically held within 45 days of the Request for Judicial Intervention (RJI), which officially assigns a judge to the case.
During this conference:
4. Discovery Phase
This stage is often one of the lengthiest parts of a contested divorce. During discovery, both parties exchange documents and information relevant to their finances, property, and other matters at issue.
Common discovery tools include:
This phase is crucial in uncovering hidden assets, establishing income, and preparing for negotiations or trial.
5. Motions for Temporary Relief (if needed)
At any point during the process, either party may file motions asking the court for temporary orders on issues like:
These pendente lite motions help stabilize both parties’ situations while the divorce proceeds.
6. Settlement Discussions and Court Conferences
The court will encourage both parties to settle their issues out of court whenever possible. In many cases, a judge will hold compliance or settlement conferences to review progress and push toward a resolution.
Attorneys may also engage in direct negotiations or recommend mediation to help both parties come to terms.
If the spouses can reach a full or partial settlement, their agreement is put in writing and submitted to the court for approval. This can dramatically reduce the time, stress, and cost of a contested divorce.
7. Trial Preparation (if no settlement)
If no agreement is reached, the case moves toward trial. Both attorneys will prepare:
This preparation phase is critical, as contested trials can involve complex testimony regarding child welfare, forensic accounting, or business valuations.
8. The Divorce Trial
During the trial, both sides will present their evidence and witnesses before a judge (there is no jury in divorce cases). Each party’s attorney will make arguments, cross-examine witnesses, and submit documents.
The judge will listen to the testimony and review the evidence before issuing a final ruling on all disputed matters, including:
This phase can span multiple days or even weeks, depending on the complexity of the case.
9. Final Judgment of Divorce
Once the judge has rendered a decision, the court will issue a Judgment of Divorce, finalizing the dissolution of the marriage and spelling out the terms of the divorce. This document is legally binding, and both parties must comply with its terms.
If either party believes the court made a legal error, they may have the option to appeal the decision, but this must be done quickly and with specific grounds.
The bottom line is that no matter your circumstances, if you are going through the divorce process, you can rely on us. We are dedicated to the well-being of our clients and their families, and you will recognize this from the moment you sit down with our firm. Contact Barrows Levy PLLC today to schedule your initial consultation.
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