Best Divorce Lawyer New York

If you are thinking of filing for divorce, it important to consider child custody, child support payment, preparing a budget, the support system and your living situation. The divorce lawyers at Harold, Salant, Strassfield & Rotbard handle divorce cases with expertise. We will guide, counsel and help you understand your choices and will work with you to achieve the best possible result.

What happens after a divorce action is started?

A divorce action is initiated by filing a divorce petition in the court.The steps that follow are:

• Notifying the spouse: Your spouse has to be notified, or served with the petition and a summons to appear. A proof that your spouse has been formally notified must be submitted to the court.

• Response to the petition: The spouse who receives service of process needs to file a response to the petition. He or she must respond formally or file an answer within 20-30 days. If your spouse does not respond, the judge can divide the marital property equally and grant the divorce.

• Temporary hearing: After a response is filed, there may be a “temporary hearing” (also called a motion). A temporary hearing establishes temporary child or spousal support and other issues.

• Negotiation: This is the phase where the spouses negotiate on how to divide property and debts and establish child custody and spousal support. Once an agreement is reached a marital settlement agreement will be signed by the spouses. An attorney will review the agreement and submit the final documents in the court.

Trial: If an agreement was not reached through negotiation, the issues will have to be decided at a trial. The judge makes the final decisions based on the evidence presented.