Process of Divorce in New York

The end of a marriage can be one of the most difficult situations one faces in life. This is especially true when children are involved and child custody and support issues are at play.

During these times it is imperative to work with a divorce attorney with experience who can understand the issues involved and effectively work to protect you and your children’s interests.

At The Law Offices of Mona R. Millstein in New York, we can help you navigate the process of a divorce whether you have been served with a divorce summons, are thinking about commencing a divorce action, or have separated from your spouse.

We advise you throughout the entire process, working toward a result that best provides for your and your children’s emotional and financial future.

Uncontested vs. Contested Divorce

In uncontested divorces, the parties resolve all of the key issues in the divorce and sign a separation agreement prior to any court involvement. That separation agreement can thereafter be “converted” into an uncontested divorce in which the divorce decree incorporates, without a merger, the terms of the agreement.

This negotiated divorce process can not only significantly shorten the length of time necessary to process the divorce but minimize the expense and acrimony involved.

In a contested divorce, on the other hand, court intervention is required to decide the key issues in divorce. It is very common, however, that court intervention takes place in the initial stages of a divorce action and the judge involved encourages settlement negotiations, ultimately resulting in a settlement agreement that, like a separation agreement, determines the relevant issues. If a settlement cannot be achieved, the court will determine after the trial the issues that cannot be resolved such as custody, support, and equitable distribution.

High net worth divorces

The Law Offices of Mona R. Millstein has decades of experience in divorces involving couples with varying financial conditions but specializes in high net worth divorces that often involve complex business, real estate, and financial assets that need to be identified, valued, and divided during a divorce. In such cases, particularly when complex valuations must take place with regard to business assets, the Law Offices of Mona R. Millstein work with experienced valuations and forensic experts in both negotiating settlement agreements and litigating those cases that cannot be settled.

The Divorce Process in New York

One spouse files with the court a summons for divorce that commences the divorce action. A summons with notice may be served without a complaint or a summons may be served with a complaint.

The summons for divorce must be served on the other spouse within 120 days. That spouse then has 20 or 30 days to respond depending on where he/she was served.

The judge is likely to encourage settlement to avoid a trial and work with the attorneys to resolve issues in dispute. A settlement will reduce delays and expenses as well as the acrimony and stress that accompanies a full trial.

However, if no agreement can be reached, there will be a discovery process for the exchange of financial information and a trial date will be set. During the intervening period, the judge may issue orders for interim support, and/or temporary custody/access.

Legal Counsel From an Experienced New York Divorce Lawyer

The Law Offices of Mona R. Millstein can help you move on from a broken marriage to a secure financial and family future.

Schedule a consultation with The Law Offices of Mona R. Millstein.