Going through a divorce can be one of the most stressful experiences a person faces. In Saratoga, New York, the legal process involves multiple stages that require patience, preparation, and informed decision making. While each case is unique, understanding the general steps gives you a clearer picture of what to expect and helps you move forward with confidence.

Of Counsel

Ashley
Mahserjian, Esq.

Managing Attorney

Joe
Capisciolti, Esq.

Associate Attorney

Understanding the Grounds for Divorce in Saratoga

New York offers both no fault and fault based divorce options. A no fault divorce is the most common today and is based on the claim that the marriage has been irretrievably broken for at least six months. This path often allows couples to avoid arguing over blame and instead focus on resolving issues such as custody, property division, and support. There are also fault based grounds. These include abandonment, cruel treatment, imprisonment, and adultery. Choosing fault based grounds may affect how certain aspects of the divorce are handled in court, especially when serious misconduct is involved. Before deciding, it is wise to review your circumstances with an attorney to determine the most effective legal strategy.

Filing the Divorce Petition

The process begins when one spouse files a divorce petition in the Saratoga County court. This document includes the reason for divorce and requests for decisions regarding children, finances, or property. Once the petition is filed, the other spouse must be formally served. Service ensures that both parties are aware of the case and have an opportunity to participate in the proceedings. Filing can be straightforward in uncontested cases where both spouses agree on terms. In contested divorces, disagreements may extend the process and require multiple hearings. Either way, filing officially starts the legal path toward resolution.

The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.

– Joseph B.

Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.

– Melissa W.

Property Division in Saratoga

Dividing property is often one of the most complex steps in a divorce. New York follows equitable distribution, meaning that assets are divided fairly but not always equally. The court considers many factors, including each spouse’s income, the length of the marriage, non-financial contributions such as homemaking, and future earning potential. Marital property includes assets acquired during the marriage, such as homes, vehicles, retirement accounts, and businesses. Separate property includes items owned before the marriage, inheritances, or gifts that were kept apart. Distinguishing between marital and separate property is essential, and disputes can arise if records are unclear. See this for more information about property division.

Child Custody and Parenting Time

For couples with children, custody and parenting arrangements are among the most emotional parts of divorce. Courts in Saratoga always prioritize the best interests of the child. Factors include the stability of each parent’s home, past caregiving roles, and the ability to support the child’s emotional and educational needs. Legal custody involves decision making about health, education, and welfare. Physical custody determines where the child lives. Joint arrangements are common, but in some cases, the court grants primary custody to one parent with visitation for the other. Parenting plans should be detailed to reduce future conflicts. See this for answers to custody questions.

Child Support in Saratoga

Child support is calculated using state guidelines that consider parental income, the number of children, and specific expenses. Additional costs like healthcare, childcare, and education are factored in to create a fair order. While the guidelines provide a starting point, judges may adjust amounts to reflect the unique needs of a family.

Spousal Support or Maintenance

Spousal support, also called maintenance, is designed to help a lower earning spouse maintain financial stability after divorce. Courts in Saratoga evaluate the length of the marriage, the lifestyle established, age and health of both spouses, and earning capacity. Temporary support is often awarded during the divorce process. Long term or rehabilitative support may be ordered afterward, depending on circumstances. Understanding how support is calculated helps you plan for your financial future. Learn more here.

Mediation and Collaborative Approaches

Not all divorces must go through lengthy litigation. Mediation provides an alternative where both spouses meet with a neutral mediator to resolve disputes. This process can reduce costs, shorten timelines, and minimize hostility. Mediation allows you to retain more control over outcomes rather than leaving decisions entirely to a judge. Collaborative divorce is another option, involving specially trained attorneys who commit to working toward settlement without court battles. These approaches often lead to creative solutions tailored to a family’s needs. For more details, see this.

The Divorce Trial Process

If agreements cannot be reached, the case proceeds to trial. A divorce trial involves presenting evidence, calling witnesses, and making arguments before a judge. The court then issues rulings on property, custody, and support. Trials are often stressful and time consuming, but they may be necessary when protecting important rights. Understanding the trial process helps reduce uncertainty. See this for a step by step explanation of what happens in a divorce trial.

Finalizing the Divorce Judgment

At the conclusion of the case, the judge issues a final divorce judgment. This legally ends the marriage and outlines all agreements or orders. The judgment covers property division, custody schedules, support payments, and any other outstanding matters. Once issued, both parties must follow its terms.

Life After Divorce in Saratoga

The end of the legal process marks the beginning of a new chapter. Many people find that adjusting to post divorce life takes time. Updating estate plans, managing new financial accounts, and refining parenting schedules are important steps. Support networks, counseling, and community resources in Saratoga can provide valuable assistance as you transition. While divorce closes one part of life, it can also be an opportunity to rebuild with stability and clarity.

Call Mahserjian and Mahserjian Ortiz for Saratoga Divorce Guidance

At Mahserjian & Mahserjian-Ortiz, PLLC, we guide Saratoga families through each stage of divorce with compassion and clear legal knowledge. Our attorneys help protect your interests while providing practical solutions. Call us today to discuss your situation and take the next step forward.

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Navigating Divorce in Saratoga A Step by Step Guide