Buffalo Divorce Lawyers

Divorce can feel like the ground shifting beneath your feet. Between emotional strain and uncertainty about the future, the legal side of things can be overwhelming, but our dedicated Buffalo divorce lawyers are here to help. Continue reading and contact the knowledgeable and experienced Erie County family lawyers here at Raimondo & Sundquist LLP for comprehensive representation with your divorce today.

Residency Requirements for Divorce in New York State

Before a court can grant a divorce, you must meet the state’s residency requirements. These rules are found in New York Domestic Relations Law §230, and they ensure that New York courts have jurisdiction over your case. To file for a divorce in New York, at least one of the following must be true:

• You or your spouse have lived in New York for at least two continuous years before filing.
• You or your spouse have lived in New York for at least one continuous year before filing, and either:
  • You were married in New York, or
  • You lived in New York together as a married couple, or
  • The grounds for divorce occurred in New York
• Both you and your spouse are residents of New York at the time of filing, and the grounds for divorce occurred within the state.

If you meet any of these, you can file your divorce petition in the Supreme Court of the county where you or your spouse live.

No-Fault Vs. Fault-Based Divorce in NYS

New York was one of the last states to adopt no-fault divorce, but since 2010, spouses have been able to end their marriage without assigning blame.

No-Fault Divorce

A no-fault divorce is based on the ground that the marriage has been “irretrievably broken for at least six months.” This means the relationship has broken down beyond repair, and there’s no reasonable chance of reconciliation. No additional proof of misconduct is required.

The benefit of a no-fault divorce is that it avoids the need to publicly prove wrongdoing, which can reduce conflict and shorten the process. However, even in a no-fault case, issues like property division, custody, and support must still be resolved before the court can issue a final judgment.

Fault-Based Divorce

Before no-fault laws were enacted, all divorces in New York were fault-based, meaning one spouse had to prove that the other engaged in certain misconduct. While less common today, some spouses still choose fault-based divorce to gain leverage in negotiations or because of the circumstances of the marriage. The traditional grounds for a fault-based divorce in New York are as follows:

• Cruel and inhuman treatment (physical or emotional abuse, making it unsafe to continue the marriage)
• Abandonment for at least one year
• Imprisonment of a spouse for three or more consecutive years after marriage
• Adultery
• Living separate and apart under a valid separation judgment or agreement for at least one year.

Importantly, each ground requires proof, and the burden of evidence falls on the spouse making the allegation. In most modern cases, however, couples choose the no-fault route for its relative simplicity.

Contested Vs. Uncontested Divorce

When filing for divorce, one of the first questions to consider is whether the case will be contested or uncontested. The distinction affects the timeline and complexity of your case.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all issues, such as:

• Division of marital property
• Child custody and visitation
• Child support
• Alimony (spousal maintenance)
• Responsibility for marital debts

In an uncontested divorce, the parties can file a settlement agreement with the court, and a judge will review it to ensure fairness. These divorces are typically faster, less expensive, and more private than contested ones. Many couples use mediation or collaborative law to reach an agreement before filing.

Contested Divorce

A contested divorce happens when spouses disagree on one or more major issues. Common points of contention often include the value of certain assets, who gets the marital home, or how parenting time will be divided.

Contested cases involve multiple court appearances, formal discovery, and sometimes a trial.

The Divorce Process in New York

While the exact timeline of a divorce varies depending on the level of conflict and other factors, the process generally includes the following stages:

1. Filing the Summons and Complaint: The process begins when one spouse (the plaintiff) files a Summons and Verified Complaint in Supreme Court. These documents formally start the divorce action and outline the grounds for divorce, as well as any requests regarding property, custody, or support.
2. Serving the Other Spouse: After filing, the plaintiff must serve the other spouse (the defendant) with the divorce papers, typically through personal delivery by someone over 18 who is not a party to the case. Service must occur within 120 days of filing.
3. Response and Appearance: The defendant has 20 days (if served in New York) or 30 days (if served outside the state) to respond. They may file an Answer admitting or denying the claims, and they may also make their own requests for relief, such as seeking custody or financial support.
4. Discovery and Financial Disclosure: During discovery, both parties exchange detailed financial information, including tax returns, bank statements, real estate documents, and retirement account records. New York requires the filing of a Statement of Net Worth to ensure transparency.
5. Negotiation or Settlement Conferences: Courts often schedule preliminary conferences and compliance conferences to encourage settlement. Judges expect both parties to attempt good-faith negotiation before trial. Many cases are resolved at this stage through mediation or attorney-led settlement discussions.
6. Trial (If Necessary): If settlement efforts fail, the case proceeds to trial. Each side presents evidence and testimony, and the judge issues decisions on all unresolved issues, including asset division, support, and custody. Jury trials are not available in divorce cases.
7. Judgment of Divorce: Once all issues are resolved, the court issues a Judgment of Divorce, officially ending the marriage. This document also sets forth the terms of property division, custody, and support.

New York Divorce FAQ

Q: How long do I have to live in New York before filing for divorce?
A: You generally must live in New York for one to two years, depending on the circumstances. Specific residency requirements are outlined under Domestic Relations Law §230.

Q: How long does a divorce take in New York?
A: Uncontested divorces may take a few months. Contested cases involving disputes over assets or custody can take a year or more, depending on court scheduling and cooperation between spouses.

Q: What if my spouse refuses to sign the divorce papers?
A: Your spouse’s refusal to sign does not stop the divorce. If they are properly served and fail to respond, the court can issue a default judgment.

Q: Is New York an equitable distribution state?
A: Yes, New York is an equitable distribution state, which means that marital property is divided fairly based on several factors, not automatically 50/50.

Q: Can I stay in the marital home during divorce proceedings?
A: In most cases, yes. Unless there are safety concerns or a court order states otherwise, both spouses have a legal right to remain in the home until the court determines ownership of occupancy.

Q: How does adultery affect a divorce settlement?
A: Adultery is a recognized fault ground, but it rarely impacts financial division unless marital funds were used to support the affair or it affected the family’s finances.

Q: Do I need to appear in court if my divorce is uncontested?
A: Sometimes. In many uncontested cases, the court can finalize your divorce without a hearing, though some judges may require a brief appearance to confirm consent and fairness.

Contact Our Erie County Divorce Lawyers

Our Buffalo divorce lawyers are here to protect your rights and guide you through each step of the process ahead. If you have additional questions or would like to get started, please don’t hesitate to contact the dedicated divorce lawyers at Raimondo & Sundquist LLP for an initial consultation today.