Filing Your Divorce in Court

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Filing Your Divorce in Court
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When a couple is unable to reach an agreement on
their own or through a lawyer, it may become
necessary to go to court to reach a divorce
settlement.
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Here are the 5 basic steps involved in filing
your divorce in court
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Filing and Serving the Case

• Filing your divorce in court is standard
  procedure. In this document, you will be
  requesting that your marriage be dissolved.
• You will also need to describe the arrangements
  you wish to make after the divorce on issues such
  as spousal support, child custody, child support,
  property division, etc.
• Once your document is prepared, you will need to
  serve the document to your spouse. In New York,
  it is mandatory for divorce papers to be served
  in person. This could be done through a courier
  service, a close friend, a family member or your
  lawyer.
• Your spouse must respond to the document in
  writing by a specified date.

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Discovery

• Discovery refers to the time period when both
  parties bring forward every document and piece of
  evidence that will be used during the trial. It
  can be done through a questionnaire or an
  interview.

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Witness Testimony

• At this juncture, you will need to find the right
  witnesses to testify in your case. They could be
  family members, friends or people closely
  associated with your marriage.
• They may also be hired witnesses who are experts
  in their respective fields. They are essential
  when you need to strengthen your case by having
  the court hear expert witness testimony. They
  could be therapists, financial experts, doctors,
  etc.

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Pre-Trial Motions

• The court will conduct a pre-trial hearing to
  decide whether all the evidence and witness
  testimony can be admitted at trial.
• Both parties will need to disclose all their
  witnesses and what they intend to say.
• Every piece of evidence intended for use at the
  trial must be brought forward. You can object to
  any evidence brought forward by your spouse
  within a stipulated time period during the
  pre-trial.
• The court may also try to settle the case at this
  juncture to prevent it from going to trial unless
  absolutely necessary.

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Trial

• At the trial, each party will make an opening
  statement before the judge.
• The party that filed the divorce will proceed
  first by presenting their evidence and calling
  their witnesses to testify. The witnesses may be
  cross-examined by the other party.
• The same procedure will be followed by the
  opposing party. The hearing will conclude with
  each party giving its closing statement.

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Rulings and Orders

• After the closing statements, the judge will
  confirm the dissolution of the marriage and make
  an order on issues such as child custody, spousal
  support, division of property and any other
  points of contention.
• Once a ruling is pronounced, the judge and both
  attorneys will draft the divorce decree. Unless
  one spouse files an appeal, this document becomes
  the final word on your divorce.

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• Filing a divorce case in court can be a very
  complex matter, but the lawyers at Harold,
  Salant, Strassfield Spielberg will fight to
  protect you and your family during the separation
  and divorce process so that you can move on with
  your life.
• Our legal team will guide, counsel and help you
  understand your choices and will work with you to
  achieve the best possible results as quickly and
  cost-effectively as possible.

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Contact Us Harold, Salant, Strassfield
Spielberg 81 Main Street, Suite 205 White Plains,
New York 10601 914-821-6952 gsalant_at_haroldsalant.c
om www.familycourtlawyers.com