Steps in the Divorce Trial Process
When we consider the option of a trial, as opposed to settlement, we always emphasize to our clients that the trial date or dates will not mark the end of their cases. In fact, after we have a trial, we are often asked by the court to submit findings of fact and conclusions of law. Sometimes, we are also required to submit our closing arguments in writing. Because that process can take anywhere from three eight months to complete, it causes delays in receiving a decision. Finalizing a divorce can be a difficult process, even after a trial has concluded.
New York State Divorce Law
New York State passed new laws in 2010 allowing for no-fault divorce based on a marriage being irretrievably broken for at least six months. This means that as long as both spouses agree on the key divorce issues including spousal support, child custody and support, and division of property, you can file an uncontested divorce quite simply. However, if one spouse does not agree to the divorce, then to end your marriage you must have a legally acceptable reason. Grounds for divorce in New York include:
- Cruel and inhuman treatment
- Three consecutive years’ imprisonment
If you have any questions about this process, please give us a call right away.
Reliable and cost-effective no-fault divorce services
Jean M. Mahserjian, Esq., P.C. has provided no-fault divorce representation since New York adopted the practice in 2010. State law allows a divorce without fault only when the parties have lived separate and apart for one year after signing a separation agreement and before commencing the action for divorce. If you have been living under a separation agreement and feel the time has come to finalize a divorce, our experienced attorneys can guide you through the New York no-fault divorce process. If you have not taken that initial step, see our Albany Legal Separation page for further information.
Immediate action, reduced cost: uncontested divorce
You may obtain a divorce right away if you and your spouse can agree upon fault grounds for divorce. After you reach an agreement about which party will seek the divorce, and on what grounds, an uncontested divorce action can commence. The spouse who has agreed to be “at fault” need not admit any of the allegations, but simply agrees not to submit an answer to the court.
We want to help you understand the steps in the divorce trial process. Please call and set up your consultation today.