What Happens After You File for Divorce in Buffalo, New York?

When you file for divorce in Buffalo, New York, your life can feel like it’s been thrown into turmoil. The process can be emotional, confusing, and sometimes overwhelming. But knowing what to expect after you file can help you feel more confident and prepared for the steps ahead. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the importance of clarity and support during this challenging time, and we are here to guide you every step of the way.

What to Expect After Filing for Divorce in Buffalo, New York

Filing for divorce is the first significant step in ending your marriage, but it’s far from the last. The steps that follow filing the divorce papers can vary depending on the complexity of your case, the issues at hand, and whether or not both parties agree on the terms of the divorce. Here’s an in-depth look at what happens after you file for divorce in Buffalo, New York.

Serving the Divorce Papers

Once you file the divorce petition, the next step is to ensure your spouse is officially notified. This process, known as “service,” is crucial because it ensures that the other party is aware of the proceedings and their legal obligations moving forward. In Buffalo, New York, you can’t serve your spouse yourself. Instead, you must hire a professional process server or ask someone else, who is not a party to the divorce, to serve the papers. After service is complete, you must file a proof of service with the court to confirm that your spouse has been notified.

The timing of serving the divorce papers is also critical, as it marks the start of the waiting period, which is mandatory before moving forward with the divorce process.

The Waiting Period and Legal Formalities

In New York, once the divorce petition is served, a waiting period of 6 months is required before the divorce can be finalized. This period allows both parties time to resolve any issues and reach an agreement. During this time, there are several legal formalities that must be completed, including financial disclosures, negotiations, and, if necessary, temporary orders for child custody, child support, and spousal maintenance.

Though the waiting period may seem long, it’s an essential time to ensure that both parties have had a fair chance to work through the issues. The court may only grant a divorce after the waiting period is over, but if you and your spouse can’t reach an agreement, the case may proceed to trial, which can extend the timeline further.

Temporary Orders for Child Custody, Support, and Maintenance

During the divorce process, temporary orders may be requested. These orders are designed to provide stability for children and ensure that both parties maintain their responsibilities until the divorce is finalized. Temporary orders can address issues such as:

• Child Custody: Who will have custody of the children and when the other parent can visit them.
• Child Support: The amount one parent will pay to support the child(ren).
• Spousal Support: Temporary financial support for the spouse who may be entitled to alimony during the divorce process.

At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we help our clients navigate temporary order hearings and ensure that their rights and interests are protected throughout the divorce proceedings.

Discovery Phase: Financial Disclosures and Asset Division

One of the most important and often contentious parts of a divorce is the division of assets. The discovery phase is when both parties exchange financial information, including details about income, assets, debts, and other financial matters. This exchange is crucial to ensuring that all marital property is accounted for and divided fairly.

In Buffalo, New York, the court follows an equitable distribution model, which means that marital property is divided based on fairness, not necessarily equally. Several factors are considered, including the length of the marriage, the financial contributions of each spouse, and the needs of any children involved.

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Negotiation, Mediation, and Settlement

If both parties are able to agree on the terms of the divorce, they can move forward with negotiating the settlement. Many divorces are settled outside of court through negotiation or mediation. Mediation is a process where both spouses, with the help of a neutral third-party mediator, work together to resolve their disputes. This can help avoid the emotional and financial costs of a trial.

However, if a settlement cannot be reached, the case will go to trial, and a judge will make decisions regarding the division of assets, custody, and support. This can be a lengthy and costly process, which is why many couples prefer to settle outside of court.

Child Custody and Support Decisions

For couples with children, one of the most important aspects of the divorce is determining the custody arrangements. In Buffalo, New York, the court focuses on the best interests of the child when making custody decisions. Factors such as the child’s age, health, and emotional needs, as well as each parent’s ability to care for the child, will be considered.

Additionally, the court will determine child support, which is based on the income of both parents, the number of children involved, and the time spent with each parent. The state of New York has a formula for calculating child support, but this can be adjusted depending on the circumstances of the case.

Finalizing the Divorce and the Judgment

Once all issues have been resolved, either through settlement or trial, the divorce will be finalized. The court will issue a judgment of divorce, which officially ends the marriage and outlines the terms of the divorce. This judgment includes the division of assets, custody and visitation arrangements, and any spousal or child support orders.

The divorce will be legally complete once the judgment is signed and entered by the court. It’s important to keep a copy of the judgment for your records, as it serves as proof of the dissolution of your marriage.

Modifications and Enforcement

Even after a divorce is finalized, there may be a need to modify certain terms, especially regarding child custody, child support, or spousal support. If a substantial change in circumstances occurs, such as a change in income or the relocation of a parent, you may seek a modification of the divorce terms.

In some cases, enforcement actions may be required if one party fails to comply with the terms of the divorce agreement, such as refusing to pay child support or violating custody orders.

How a Divorce Attorney Can Help

Divorce can be one of the most difficult times in your life, and having a knowledgeable attorney by your side can make a significant difference. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the emotional and financial complexities of divorce. Our team is committed to providing compassionate, clear, and effective legal representation to help you navigate the process with confidence.

We assist our clients with every aspect of the divorce, from filing the petition to finalizing the terms of the divorce agreement. Our goal is to help you reach a fair and favorable outcome, whether through negotiation, mediation, or trial.

If you’re facing a divorce or have already filed, contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. today. We’re here to help you through this difficult time and ensure your legal rights are protected every step of the way.

To learn more about this subject click here: Legal Separation vs. Divorce: Pros and Cons in a Orchard Park, New York Context