Understanding the Divorce Process

We Offer a Free Initial Legal Consultation for all Divorce Matters

As part of our commitment to providing excellent legal representation to all of our clients, whether they are a new client, existing client or returning client, our Westchester County divorce attorneys provide free initial legal consultations.

We Serve Westchester, Bronx, Putnam, Dutchess, Rockland & Orange Counties

"This firm helped me on my divorce case. I was having problems with my wife (ex-wife) and the firm gave me great advice and always was available to answer my questions. I even got return e-mails or calls on the weekends. I felt like they were really fighting for me. In the end I got exactly what I wanted." -- Client Review

FAQ

Q. When are divorce papers served?

A. When "divorce papers" are served, these documents are typically entitled Summons with Notice or Summons and Verified Complaint. If these documents were properly served, the defendant generally has twenty (20) or thirty (30) days, depending on the manner of service, to serve a formal response to the "divorce papers". The type of response can vary depending upon the documents that were served on the defendant. Failure to respond to the "divorce papers" prior to the applicable deadline can result in a default judgment being entered against the defendant. 

Q. When is a divorce started?

A. A divorce action is started when a Summons with Notice or Summons and Verified Complaint are filed with the County Clerk's Office. This is commonly referred to as the "date of commencement." The date of commencement is critical when determining which assets (and what portion of those assets) are subject to division in a divorce proceeding. 

Q. Why divorce just stay separated?

A. There are different income tax implications when dealing with divorce versus separation. If divorced, you can file your income tax return as an "individual." If separated, you cannot file your income returns as an "individual." This can result in the application of different income tax rates. This can also impact a person's income tax deductions. 

Q. Can divorce force sale of house?

A. The first consideration is to determine the classification of the house (ie. marital property vs. separate property). In the event that the house is marital property, the Court can direct the sale of the house, however there are certain restrictions on the timing of the sale. 

Q. Can divorce papers be served at work?

A. Yes, service of divorce papers can be effectuated by personally serving the defendant his/her place of employment. 

Q. Can divorce papers be served by email?

A. Generally, the "divorce papers" have to be personally served upon the defendant and therefore service via email is not an acceptable method of service. However, upon application to the Court in certain circumstances, the Court can permit service via email or other alternate method. 

Q. When divorce mediation fails?

A. As a Mediator does not represent either party in mediation discussions, this can be a common occurrence. In the event that mediation does not result in an agreement, there are typically two methods of proceeding with a divorce: (1) Either party may commence an action for divorce; or (2) The parties can retain attorneys and attempt to resolve the applicable issues outside of Court with the assistance of their respective attorneys.