Ending your marriage is a difficult experience, even if you are certain your marriage is beyond the point of possible reconciliation. You need to know how to file for a divorce in Manhattan, what you will need to do to complete the process, and what you can expect in terms of the potential outcome of your divorce. It is also vital to understand the value of having seasoned legal counsel on your side for this process.
How to File for a Divorce in Manhattan
Filing for divorce in Manhattan will require filing a divorce petition with the court and paying the associated filing fee. This petition will indicate your desire to end your marriage contract and your preferred terms for doing so, and once the court receives your petition, they will send the necessary paperwork to your spouse so they can respond. You must meet the residency requirements to file for divorce in New York City.
New York law also requires stating a reason for the divorce. Most are filed for irreconcilable differences, meaning that a marriage has broken down beyond the point where any further attempts at reconciliation would be worthwhile. It is also possible to file for divorce on other grounds, such as adultery or abuse, and it is possible for some types of fault in divorce petitions to lead to more complex legal proceedings.
Working with an experienced attorney can make the filing process much easier. They can assist you with filling out the necessary paperwork, meeting your filing deadlines, and addressing any issues that arise with the family court. Additionally, once you have filed for divorce, your attorney can help you prepare to address the complex proceedings ahead of you.
Elements of Divorce in Manhattan
If you intend to end your marriage in Manhattan, it is important to understand what the process entails and what you will need to cover in order to complete the process. Generally, the most important items that must be resolved in a New York divorce are property division and child custody if the divorcing couple has children together. Property division is resolved under the equitable distribution rule, and the court must rule on a custody dispute.
When you must resolve child custody as an element of your divorce, you and your spouse will both present your arguments and evidence as to why you should receive the custody rights you hope to secure. The judge overseeing your case will want as much information as possible so they can be sure that the ruling they issue will suit the best interests of your children. You must also resolve child support as an element of this process.
Whatever your divorce entails, one of the most important things you can do to not only make this process easier but also increase your chances of reaching a positive outcome is to hire an experienced divorce attorney to represent you. Do not assume you can navigate your case on your own, even if you and your spouse are amicable toward each other. The right attorney can streamline your case and help you reach a better outcome than you could secure on your own.
FAQs
How Can I Get a Quick Divorce in Manhattan?
You can only get a quick divorce in Manhattan under certain conditions. Usually, the divorce process takes several months to complete. However, if you and your spouse are filing a joint uncontested divorce petition and have no children under the age of 21, then it is possible to complete your divorce much faster. Working with an experienced attorney can be important if you want to complete the divorce process as quickly as possible.
Does It Matter Who Files for Divorce First in New York?
In New York, it does not matter who files for divorce first. Some people mistakenly believe that being the one to file first offers some type of legal advantage in divorce proceedings, but this is not true. The court considers both spouses equally in divorce proceedings regardless of who filed the petition. While it is possible to file for divorce with cause, it generally does not matter which spouse was the one to file the divorce petition.
How Is Property Divided in a New York Divorce?
In a New York divorce, property is divided under the equitable distribution rule. This means that the court will want to see the fairest possible division of marital assets. However, it does not mean that property division will be entirely equal. When the family court resolves property division in a divorce, they will look at multiple factors between the spouses to determine the fairest possible division of marital assets, and each spouse keeps their separate property.
Do I Need to Hire a Lawyer for a Divorce in Manhattan?
Yes, you need to hire a lawyer for a divorce in Manhattan. This process is likely to be far more difficult than you initially expected, and you could encounter a host of unexpected complications that you will not know how to resolve on your own. Additionally, you could have trouble gathering the documents you need to produce at the outset of your proceedings. Having legal counsel makes the process easier and more likely to lead to good results.
What Does It Cost to Hire a Manhattan Divorce Lawyer?
The cost to hire a Manhattan divorce lawyer generally depends on the lawyer’s individual billing policy. Most of the divorce attorneys in New York City offer representation on an hourly basis, so the more time they must spend working on a case, the more it costs the client. If you only need help with a specific filing or one-time legal issue, some attorneys may offer flat rates for these services.
If you are preparing to end your marriage in Manhattan, it is vital to understand what this process requires and the value of having legal counsel you trust on your side. Knowing how to file for divorce in Manhattan is just the first step. The Law Offices of Robert Tsigler, PLLC, can provide comprehensive legal assistance for all aspects of your divorce, so contact us today and schedule a consultation with our team to learn more about how we can help.
