How One-sided Divorce In New York Works

by ECL Writer
One-sided Divorce In New York

In New York, a divorce is considered to be “one-sided” when only one spouse initiates the divorce proceedings. The other spouse is referred to as the “respondent” and is not actively participating in the process.

The first step in a one-sided divorce in New York is to file a Summons with Notice or a Summons and Complaint with the county clerk’s office. The Summons with Notice is used when the respondent is willing to cooperate in the divorce process and is served with a copy of the divorce papers along with a notice of the divorce proceedings. The Summons and Complaint are used when the respondent is not willing to cooperate and is served with the divorce papers through a process server.

Once the Summons with Notice or Summons and Complaint has been filed, the respondent has 20 days to file an answer to the divorce papers. If the respondent does not file an answer within 20 days, the petitioner (the spouse who initiated the divorce) can request a default judgment from the court. A default judgment allows the divorce to proceed without the participation of the respondent.

If the respondent does file an answer to the divorce papers, the divorce process will proceed as a contested divorce. In this case, the petitioner will have to prove grounds for divorce, such as adultery or abandonment, in order to obtain a divorce. The respondent will have the opportunity to contest the grounds for divorce and argue against the divorce.

After the grounds for divorce have been established, the parties will have to address issues such as property division, spousal support, and child custody and support. In a one-sided divorce, the respondent may not actively participate in these negotiations and the petitioner may have to rely on the court to make these decisions.

In New York, property division is based on the principles of equitable distribution. This means that the court will divide the property between the parties in a way that is fair and reasonable, taking into account factors such as the length of the marriage, the income and earning potential of each spouse, and the needs of any children involved.

Spousal support, also known as alimony, is a payment made by one spouse to the other to help maintain their standard of living. In a one-sided divorce, the respondent may not be willing to agree to a spousal support arrangement and the court may have to make this decision. The court will consider factors such as the length of the marriage, the income and earning potential of each spouse, and the needs of any children involved.

Child custody and support are also important issues that need to be addressed in a one-sided divorce in NY. In New York, the court will consider the best interests of the child when making decisions about custody and support. The court will consider factors such as the relationship between the child and each parent, the ability of each parent to provide for the child’s physical and emotional needs, and the child’s own preferences.

It’s important to note that in a one-sided divorce in NY, the court will take the respondent’s lack of participation into account when making decisions about property division, spousal support, and child custody and support. For example, the court may award a larger portion of the property to the petitioner or award more child custody time to the petitioner.

It’s also worth noting that a one-sided divorce can be a more time-consuming and expensive process than an uncontested divorce, in which both parties agree to the divorce and the terms of the divorce.

In conclusion, a one-sided divorce in New York is a divorce in which only one spouse initiates the divorce proceedings and the other spouse is not actively participating in the process. It is also best to find a divorce lawyer in New York to help you will all these processes.

One-sided Divorce In New York

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How Long Does A Divorce Take If One Party Doesn’t Agree In NY?

In New York, if one party does not agree to the divorce, the process can take significantly longer than an uncontested divorce. This is because a contested divorce requires the parties to go through a trial to settle any disputes related to the divorce.

The first step in a contested divorce is for one party to file a Summons and Complaint with the county clerk’s office. The Summons and Complaint must be served on the other party, who then has 20 days to file an answer. If the other party does not file an answer, the party who filed the Summons and Complaint can request a default judgment from the court.

Once the answer has been filed, the parties will enter into the discovery phase. This is a period of time when the parties can gather evidence and information related to the divorce. This can include things like financial records, witness statements, and expert reports. The discovery process can take several months or even a year or more.

Once the discovery process is complete, the parties will move on to the pretrial phase. During this phase, the parties will try to settle any disputes related to the divorce through negotiations or mediation. If the parties are able to reach an agreement, the divorce can be settled without going to trial. However, if the parties are not able to reach an agreement, the case will go to trial.

The trial phase can take several days or even weeks, depending on the complexity of the case. During the trial, both parties will present evidence and testimony to support their position. The judge will then make a decision on the issues related to the divorce, such as property division, spousal support, and child custody and support.

After the trial, the judge will issue a final judgment of divorce. The final judgment will include the court’s ruling on all of the issues related to the divorce. If either party is unhappy with the ruling, they have the option to appeal the decision. An appeal can take several months or even a year or more to resolve.

Overall, a contested divorce in New York can take a significant amount of time, often a year or more, to complete. This is because the parties are not able to reach an agreement and must go through a trial to settle any disputes related to the divorce. The length of time it takes to complete a contested divorce can vary depending on the complexity of the case, the willingness of the parties to cooperate, and the workload of the court.

It’s important to keep in mind that a contested divorce can also be emotionally and financially draining. It’s advisable to seek legal counsel and consider your options before proceeding with a contested divorce. Mediation and collaborative divorce can be alternatives that can speed up the process, and also save on cost and emotional toll.

In conclusion, divorce in New York where one party does not agree can be a long and complex process. The length of time it takes to complete a contested divorce can vary depending on the complexity of the case, the willingness of the parties to cooperate, and the workload of the court. It is important to keep in mind that a contested divorce can also be emotionally and financially draining, and alternatives such as mediation and collaborative divorce should be considered before proceeding.

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