Brooklyn, NY – There are a number of formal procedures that need to be addressed for a court in New York to hear and process a divorce case. Anyone about to get divorced should retain legal help to ensure that these procedures are followed properly.
Residency in the state
For most divorces in New York, at least one member of the couple needs to have lived in the state without interruption for at least a year. There are other residency requirements that may apply in a limited number of situations. If the couple recently moved to New York from another state, the couple may need to wait, or the prior state of residence may have jurisdiction.
Divorces need to be brought to the Supreme Court
In the New York court system, the Supreme Court has jurisdiction over divorce cases. Unlike many other states and the federal system where the highest level appellate court is called the Supreme Court, in New York this is the highest level of the trial court system. The family courts in New York handle issues such as child support and custody. Anyone who has retained a lawyer can be sure that their attorney will know the appropriate venue for each of these actions. Each county in the state has its own set of courts where these cases can be brought.
The procedure to start the divorce case
Each divorce case needs to be assigned an index number with the county clerk and a summons notice that needs to be personally served to the spouse named as the defendant in the case. There are also filing fees that need to be paid and the case must be placed on the calendar of a judge in the appropriate court system. Certain couples that make a divorce settlement may be eligible for a simplified version of this process.
Does each person absolutely need a lawyer?
According to the New York court system website, each party to the divorce should get legal representation. Part of the reasoning behind this decision is that a lawyer functions as a kind of protection if any complex issues arise during the divorce litigation. It can be extremely difficult for a person to handle some of these matters on their own and obtain a favorable outcome. A law firm can also help with divorce issues out of court through mediation, which may actually save time and money for some couples.
Family Lawyers in the New York city area
People who need assistance from a licensed family law attorney can get help from an experienced firm in Brooklyn. Elliot Green Law Offices is available to assist people with divorces, child support and custody, and various other issues related to family law.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201