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Which are the basic steps of divorce?

On Behalf of | May 3, 2022 | Divorce |

If you’re thinking of getting a divorce in New York, you’re not alone. Every year, thousands of couples in the United States decide to end their marriages. If you’re considering a divorce, there are a few things you should know about the process.

Filing for divorce

The first step in getting a divorce is to file a petition with the court. This document will state your reasons for wanting a divorce and ask the court to grant you one. You will need to file this petition with the clerk of courts in your county.

Serving your spouse

Once you have filed your petition, you will need to “serve” your spouse with the paperwork. This means that you must give them a copy of the petition and a summons. The summons will tell your spouse when they need to appear in court.

You can serve your spouse yourself or have someone else do it for you. If you have trouble finding your spouse, you can ask the court to help you.

Negotiating a settlement

After you have filed for divorce and served your spouse, you will need to come to an agreement about the terms of your divorce. This is called a “settlement.” You and your spouse can negotiate a settlement on your own or with the help of a lawyer.

The trial

If you cannot reach a settlement, your divorce will go to trial. At trial, a judge will decide how to divide your property and custody of your children.

After the judge makes a decision, you will receive a divorce decree. This document will finalize your divorce.

These are the basic steps of getting a divorce. Of course, every situation is different, and you may need to do things differently in your case. For instance, you may need to file a different type of petition if you have been married for less than two years. Therefore, it’s important to understand the specifics of your situation before starting the whole process.

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