Going through a divorce is one of the hardest life events to go through, but you aren’t alone in the process. If you’re filing for a divorce in New York, you probably have a lot of questions about what to do and what to expect. Divorce and family law in New York can be complicated and stressful, but having answers to your questions can help ease some of the anxiety.
We’ve put together five of the most common questions about divorce and family law in New York that we typically get asked.
- What are the grounds for divorce in New York?
New York is a no-fault divorce state, which means you do not need to prove any wrongdoing by your spouse to get a divorce. Prior to the introduction of no-fault divorce in New York in 2010, couples wanting to file for a divorce had to prove one of several fault grounds such as adultery, abandonment, or cruelty.
No-fault divorce is widely considered to be a simpler and more streamlined process.
- What is the process of divorce in New York?
The process of divorce in New York begins by filing a complaint with the court, which sets out the grounds for divorce and other financial relief that you’re seeking, such as child custody, child support, and spousal support. During this process, your spouse has an opportunity to respond to the complaint, and may file a counterclaim for divorce or ask for different relief. If both parties cannot agree on the terms of the divorce, the case will go to trial, and a judge will make the final decision.
- Do I need a divorce lawyer in New York?
Yes and no. While it is possible to file for divorce on your own, we highly recommend hiring a lawyer who has experience with divorce cases, specifically in New York. An experienced attorney can help guide you through the process, will know how to protect your rights, and will ensure that your best interests are represented during the divorce.. They can also provide professional advice on issues such as child custody, support, and property division.
- Can I get therapy or counseling during my divorce?
Absolutely, in fact we highly suggest counseling. Divorce counseling in New York is available for both individuals and couples as you journey through this delicate progress. Therapy and counseling can help you navigate the emotional challenges of divorce, give you tools to help you manage stress and anxiety, and can oftentimes help you communicate more effectively with your spouse. It can also help you develop coping strategies and make it a bit easier to adjust to changes in your life after your divorce.
- What should I expect when divorcing a narcissist?
While divorce is generally complicated and emotionally draining anyway, divorcing a narcissist can take it to a whole other level. This type of personality can make the process even more challenging and may require additional legal support.
Narcissists usually have a hard time accepting that the relationship is over and may engage in manipulative or abusive behavior to maintain control. Keep in mind that if you are divorcing a narcissist, it is vital to have a skilled attorney who can help you protect yourself (and your children if you have any). Your attorney can work with you to obtain court orders for protection, custody, and visitation. They can also help you gather evidence of your spouse’s abusive behavior and present it in court.
For more help on how to sever marital ties with a narcissist, please download our FREE ebook, Divorce Like a Pro.
We know that divorce and family law in New York can be difficult to understand and go through, but with the right information and support, you can get through it without creating unnecessary emotional and financial trauma. Whether you want a divorce, are seeking child custody, or other family law matters, it is important to work with a skilled attorney who can guide you through the process and protect your rights. Remember, you are not alone, Mediated Online Solutions is here to help you.
If you’d like to know more about your options, please reach out to us here.
