Divorce Attorney New Rochelle

Divorce Attorney New Rochelle

Best Divorce Lawyer New York

 
 

If you are thinking of filing for divorce, it important to consider child custody, child support payment, preparing a budget, the support system and your living situation. The divorce lawyers at Harold, Salant, Strassfield, & Spielberg handle divorce cases with expertise. We will guide, counsel and help you understand your choices and will work with you to achieve the best possible result.

What happens after a divorce action is started?

A divorce action is initiated by filing a divorce petition in the court.The steps that follow are:

  • Notifying the spouse: Your spouse has to be notified, or served with the petition and a summons to appear. A proof that your spouse has been formally notified must be submitted to the court.

  • Response to the petition: The spouse who receives service of process needs to file a response to the petition. He or she must respond formally or file an answer within 20-30 days. If your spouse does not respond, the judge can divide the marital property equally and grant the divorce.

  • Temporary hearing: After a response is filed, there may be a “temporary hearing” (also called a motion). A temporary hearing establishes temporary child or spousal support and other issues.

  • Negotiation: This is the phase where the spouses negotiate on how to divide property and debts and establish child custody and spousal support. Once an agreement is reached a marital settlement agreement will be signed by the spouses. An attorney will review the agreement and submit the final documents in the court.

Trial: If an agreement was not reached through negotiation, the issues will have to be decided at a trial. The judge makes the final decisions based on the evidence presented.