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Overview of the Divorce Process in Syracuse, New York
When you are considering divorce, you may be experiencing several challenging emotions and realities. How will you cope? How will you find emotional support during a divorce? How will you manage child care and custody arrangements? In many instances, Syracuse divorces are complex, intricate, and stressful.
The most important thing to keep in mind is that you do not have to advocate for yourself alone. An experienced Syracuse divorce attorney can advocate for you at every step of the process. In Syracuse, the divorce process is a series of steps, each one occurring in a specific sequence. Once you understand these steps, you will likely feel more at ease and know what to expect.
Filing a Petition for Divorce in Syracuse
The process for getting a divorce in New York begins with filing a petition. If you are the person starting the divorce process, you are considered ‘the plaintiff.’
The New York Courts website provides an overview of the divorce process as well as the necessary forms. The forms must state the legal reasons, also called ‘grounds’ for the divorce. The petition also needs to spell out the relief sought, such as alimony, child custody, and child support.
You will need to file certain documents with the court, such as a summons with notice, or summons and verified complaint, a notice of automatic orders, a notice concerning the continuation of health coverage, and a settlement agreement if applicable.
These forms need to be completed, signed in the presence of a notary. You will need two copies at least and bring these to the county where you or your spouse lives. If you are filing in Onondaga County or another county, check first, as procedures vary from county to county.
(N.Y. C.P.L.R. § 530 (2022).)
Getting a summons in Syracuse
Once the petition is filed, the other party, known as the respondent, will get a copy of the petition and a summons. A summons requires that the respondent appear in court and answer the petition.
Settlement Negotiations and Filing a Stipulation in New York State
Typically, at this point, the two parties engage in settlement negotiations. In the situation where they reach an agreement, they will file what is called a ‘stipulation.’ This document sets out the terms of their agreement.
Once the stipulation is filed, the court enters a judgment. This describes the terms of the agreement.
Reaching an Agreement or Going to Trial in New York
If the parties reach an agreement, this is the complete divorce process. If the parties fail to reach an agreement, the divorce case goes on to a trial. At trial, both parties present evidence and provide witnesses to the court. The court then decides on all of the issues of the case.
Contact a Syracuse Divorce Attorney
If you are considering divorce, it is important to have compassionate professional advice to ensure all your questions are answered. At Nave Law, we have years of experience handling divorces, and we can discuss your case with you today. Contact an experienced divorce attorney today.
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