Divorce FAQ
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Answers To Common Questions About Divorce

Divorce can be a confusing process, whether you or your spouse decided to end the marriage, or even if it was by mutual agreement. Information is a key ingredient in lowering the stress level of a divorce.

Here at Cole & Valkenburgh, P.C., our attorneys understand the emotional stress you may be experiencing. We will give you realistic expectations about what to expect during the process to mitigate any anxiety, fears and stress during your divorce.

Here are a few questions that our attorneys hear most frequently from clients involved in divorce proceedings.

Frequently Asked Questions About Divorce In New York State

Do You Have To Live In New York To File For A Divorce Here?

Yes. You must be a resident of New York State before filing for divorce. The time frame varies depending on your circumstances but is usually a minimum of one or two years.

Where Do I Go To File For A Divorce?

To file a divorce in the state of New York, you will need to file paperwork with the clerk of the County Court in the county in which you reside.

How Much Will My Divorce Cost?

The answer to this question is related to the individual circumstances of your case. Generally, the less contested a divorce is, the less it will cost overall. You need to be prepared to pay filing fees set by the County Court. Your attorney will discuss with you estimated costs of the divorce, based on whether it needs to be litigated or not and what challenges exist to negotiating a fair and equitable divorce settlement.

What If My Spouse Ignores My Divorce Filing?

Believe it or not, some estranged spouses will ignore divorce summons in an attempt to save money or avoid interacting with the person filing the petition. If your spouse does not respond within the required time frame, you can proceed with the divorce by seeking a default divorce, which is considered uncontested. If your spouse does not respond within the mandated time frame, the court will grant you a default judgment and all the stipulations listed in your Summons with Verified Complaint will be judged in your favor.

Will My Divorce Take A Long Time?

In general, a litigated divorce will take considerably longer than one where the settlement is reached by mediation or mutual agreement. Cases are tried according to the court’s schedule and may take months, if not years, to resolve completely.

Do All Divorces End Up In Court?

Not necessarily. You may not have to go to court for an uncontested divorce, or one in which you use a mediator to negotiate the terms of the divorce. Regardless of the circumstances, having a skilled divorce attorney at your side increases the chances you will arrive at a settlement that helps your entire family move on with your lives constructively.

What Types of Divorce Issues Do You Work With?

We have represented hundreds of individuals in divorce, custody, visitation, and child support proceedings on behalf of parents, step-parents, grandparents, and children in Supreme Court and Family Court.

Have More Questions? We Can Answer Them.

If you have any additional questions relating to our firm, we encourage you to reach out and speak with an experienced attorney at Cole & Valkenburgh, P.C., by calling 607-583-3559 or fill out our online form.