What Can I Expect From the New York Divorce Process?

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If you are getting divorced, you may have a lot of questions. This is normal, and knowing what to expect can help put your mind at ease. Read on to learn more about some of the basics of divorce in New York.

Residency requirements:

Couples filing for divorce in New York must meet the necessary residency requirements. In order to qualify for a divorce, you must meet one of the following criteria:

  • you and/or your spouse must have lived in New York State for at least 2 years, continuously
  • you and/or your spouse must have lived in New York State for at least one year prior to the divorce case, AND (1) you were either married in New York State, (2) lived in New York as a married couple, or (3) the grounds for your divorce happened in New York
  • you and your spouse are residents of New York State on the day the divorce commenced and the reason for divorce occurred in New York State

Grounds for divorce:

After determining your eligibility for a NY divorce, you will have to cite grounds. Grounds refer to the legal reason that the divorce is occurring. You can cite fault grounds, including:

  • Adultery
  • Abandonment for a minimum of one year
  • Extreme cruelty
  • Imprisonment
  • Institutionalization

However, New York is a no-fault state. This means you can cite an irretrievable breakdown of a marriage for more than 6 months. Citing an irretrievable breakdown simply means that the marriage no longer works and is beyond repair. Many couples choose this route, as it can make the process simpler. For example, if you file on fault grounds, you will have to provide proof to back up your claims.

What is determined during a divorce?

You and your spouse will need to settle a number of outstanding matters before your divorce can be finalzied. These matters may include:

  • Child support
  • Child custody
  • Alimony
  • Division of assets

Methods of divorce:

When it comes to settling the matters mentioned above, you have various options. You can settle your divorce through the court through the method of litigation. However, many couples choose to settle their divorces outside of the court, through an alternative method of divorce, such as mediation.

Finalizing your divorce:

Once all outstanding matters are settled, your divorce can be finalized. If you or your spouse are unhappy with the terms of your divorce, you may be able to file an appeal with the help of a divorce attorney.

If you are getting divorced in New York, our firm is here to help. Reach out today to discuss your case with a skilled attorney.


If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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