Divorce Attorney Serving Saratoga Springs, New York 

Even though divorce is exceedingly common in today’s world, that doesn’t make it any easier for those who are struggling through it. For many considering filing for divorce or who have just begun the divorce process, there are a lot of conflicting messages about the “right” or “wrong” way to do it, as well as misinformation about the divorce process in general.  

If you’d like to sit down with an experienced family law attorney to learn more about what you can expect while going through a divorce in New York, contact CSG Law Firm. From her home offices in Saratoga Springs, New York, Clarisa Gentile is proud to represent clients throughout the area, including Fulton County and Schenectady.  

Divorce in New York

Getting a divorce will look a little different depending on what state you live in, and New York sets its own standards of practice that you’ll need to be aware of before getting started. To begin with, the state only has two real requirements for divorcing. One, that you have a valid reason (known as “grounds”) and that you meet the residency requirements.  

However, there are still practical considerations about the actual filing that you also need to know. Specifically, there will be a different process for those who are seeking a contested divorce versus those who are seeking an uncontested divorce:  

• Contested divorce: When the two spouses can’t agree on one or more issues, they must turn to the courts to intervene and make a decision for them. The most common concerns for divorcing couples include asset division, child custody, child support, and alimony. This is what’s known as a contested divorce, since one party is “contesting” the terms the other has proposed. These often take longer and are more expensive due to court scheduling and legal fees.    

• Uncontested divorce: In an uncontested divorce, both spouses are able to come to an agreement on all issues, and they are able to file a settlement agreement without the court’s intervention. Importantly, this doesn’t mean that lawyers aren’t involved. In many cases, each spouse will hire an attorney to consult with and help with negotiations, or the couple will work with a trained mediator to resolve their issues. Even when spouses enlist legal help, uncontested divorces almost always proceed more quickly and smoothly. 

Eligibility to File for Divorce in New York

One of the first steps you’ll need to take is confirming your eligibility to divorce in New York. You do not have to have been married in the state to get a divorce here. However, you must meet the following criteria: 

• You lived in New York as a married couple and at least one of you has continued to live in the state for at least a year before the divorce, or 

• The grounds for divorce happened in the state and one or both of you has lived here for a year before the divorce, or 

• One of the spouses has been a continuous resident of the state for at least two years before the divorce  

Grounds for Divorce in New York

The “grounds” for divorce simply mean the reason the divorce is taking place, and in New York, these are either “fault” or “no-fault” grounds:  

• No-fault: Most divorces in the state fall into the no-fault category, meaning neither spouse is blaming the other for the divorce taking place. This can simply be that the marriage is “broken down irretrievably" for at least six months, that the two spouses have been legally separated for at least a year, or that they’ve lived separately under a written agreement for at least a year. 

• Fault: In a fault divorce, one spouse is accusing the other of the marriage ending in divorce, but this can only be done under limited circumstances such as adultery, cruelty or abuse, or desperation. 

How Long Does a Divorce Take in New York?

There is no reliable answer to tell you how long your divorce will take because so many different factors can influence this. In general, an uncontested divorce can be completed in as few as two or three months, whereas contested divorces can take upwards of six months to over a year to complete. In other cases where one spouse serves the other divorce papers, they must wait a minimum of 40 days for the other spouse to respond, and only then can they contact the court to schedule a hearing if they receive no response. 

Divorce Attorney Serving Saratoga Springs, New York

If you’re in the Saratoga Springs, New York, area and are looking for a reputable and experienced family law attorney, look no further than CSG Law Firm. Here, you’ll gain a trusted partner who can educate you on your options, negotiate on your behalf, and ensure your rights and best interests are represented.