LAW OFFICES OF HOWARD M. ADELSBERG

The Divorce Legal Process

If you are seeking an attorney for your New York matrimonial matter, the LAW OFFICES OF HOWARD M. ADELSBERG, ("LAWOFHMA") can assist you. The LAWOFHMA is committed to serving the best interest of our clients by providing courteous, prompt and effective services.

The process of obtaining a divorce begins by filing a summons and/or a complaint with the Supreme Court. The average divorce takes approximately three to fifteen months from the date of the complaint, depending upon which County the Complaint is filed in. The time varies due to the back log of the Court, local provisions and applicable Court Rules.

From its inception, most either directly or indirectly revolve around money, so knowledge with respect to the fiscal issues of the marriage is an invaluable asset. As soon as the divorce is commenced, it is extremely important to ensure that the financial backing exists to support all the basic and professional services needed to effectuate a settlement.

The residency requirement is two (2) years if only one spouse resides in New York at the time of filing the divorce. The residency requirement is one (1) year if: (1) the spouses were married in New York and either spouse is still a resident; or (2) the grounds for divorce arose in New York; or (3) the parties to the divorce once resided in New York and either spouse is still a resident. Furthermore, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed in any county where a spouse resides.

There are various grounds for divorce in New York. Unlike California, however, irreconcilable differences is not one of the grounds in New York. The grounds for divorce in New York can either be "Fault" based, or No-Fault based.

To qualify for a No-Fault based divorce, the parties must be living separate and apart for one (1) year under the terms of a separation agreement which is in writing and signed and notarized; or the parties must be living separate and apart for 1 year under the terms of a judicial separation decree.

The Fault based grounds for Divorce are (1) adultery; (2) abandonment for 1 year; (3) constructive abandonment; (4) imprisonment for 3 or more consecutive years; and (5) cruel and inhuman treatment.

At the LAW OFFICES OF HOWARD M. ADELSBERG, we understand that the breakup of a family can be one of the most psychologically devastating events that a person can experience, next to the loss of a loved one.

The ability to understand the emotional aspects of what you are living through, the high level of legal expertise and the ability to advocate effectively in the courtroom for you, is the reason clients have retained or recommended this law firm to their friends and relatives.