What is the legal procedure for divorce in New York? Does the state require that couples go for counseling first or during the “legal” separation?
New York State does not presently have a mandatory counseling or mediation requirement for couples who are contemplating divorce. A couple that wishes to get divorced in New York must satisfy one of the fault requirements, such as proof of adultery, abandonment, cruel and inhuman treatment, etc.
The process is commenced by the filing of a summons and complaint in the appropriate jurisdiction in the state. If you are located in the New York City metropolitan area, I strongly recommend that you contact me at 212-370-1660 to discuss the possibility of mediating the separation and divorce rather than going into the adversarial system.
Leonard M. Weiner, Esq./Divorce Solutions