One spouse (the plaintiff) must file a divorce petition with the court. This petition must then be served to the other spouse (the defendant).The defendant has a certain amount of time to respond to the petition, either agreeing or contesting the divorce terms.If both parties agree on the divorce terms (such as asset division, child custody, and support), they can create a settlement agreement. If they cannot agree, the case may go to trial. If the case goes to trial, both parties will
When is Divorce Final in New York present their arguments, and the judge will make a decision on the disputed issues.The signed Judgment of Divorce must be filed with the County Clerk’s office. The divorce is not final until this step is completed.After the Judgment of Divorce is signed by the judge and filed with the County Clerk’s office, the divorce is considered legally final. This process can take varying amounts of time depending on the complexity of the case and the court’s schedule.
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