If you have friends who have gone through a divorce, asking them about the process in New York State will reveal that it is a challenging journey filled with strong emotions. There are various reasons why a marriage may not work out, and getting a divorce is necessary to legally end the marriage and start a new. The Law Offices of SRIS.P.C. offer divorce lawyers to provide the legal representation needed during this difficult time.
Steps to Divorce in New York:/How to Divorce in New York State
- Meet the Residency Requirements:
To file for divorce in New York, you must meet one of the following residency requirements:
- One spouse has lived in New York for at least one year, is currently living in New York as a married couple, or was married in New York.
- Either you or your spouse must have lived in New York for two continuous years before filing for divorce.
- Either spouse has lived in New York for at least one year, and the grounds for divorce occurred in New York.
- Both spouses live in New York on the day you initiate the divorce, and the grounds for divorce happened in New York state.
- Determine the Type of Divorce and Fill Out the Paperwork:
There are two types of divorces – uncontested and contested. Choose the one that suits your situation.
Uncontested Divorce:
An uncontested divorce occurs when both spouses agree to end the marriage. This type of divorce can be completed quickly and inexpensively as there is no need for a trial or other legal proceedings. Spouses simply need to agree on terms such as child custody, asset division, and spousal support.
To file for an uncontested divorce in New York, you can complete the necessary paperwork on the official website of the New York Court. Alternatively, you can hire an online divorce service or opt for a do-it-yourself approach. However, it’s crucial to note that DIY divorces can be time-consuming and complex, so it is often advisable to seek assistance from an attorney at The Law Offices Of SRIS.P.C. to navigate the process of divorcing in New York State.
Contested Divorce
A contested divorce occurs when spouses do not agree on the terms of their divorce. This type of divorce can be much more time-consuming and expensive than an uncontested divorce. The spouses may need to go to court to resolve their disagreements, which can involve hiring attorneys, filing motions, and attending hearings.
If you are considering a contested divorce, it is important to speak with an attorney to discuss your options. An attorney can help you understand the legal process and represent your interests in court.
Identify the Grounds for the Divorce:
You need to fill in the reason for your divorce in the paperwork. The reason is called the grounds for divorce. In New York, there are several grounds on which you can file for a divorce. They are:
Abandonment: If your spouse has abandoned you for at least a year or has not had sexual relations with you for over a year, you can use abandonment as grounds for your divorce.
Imprisonment: If your spouse has been convicted of a crime and has been incarcerated for three or more years.
Cruel and Inhuman Treatment: If a spouse suffers from physical abuse, emotional abuse, or other conduct that endangers their physical or mental well-being, it will be considered unsafe to continue living with the abuser. If you can prove the abuse, you can use this as grounds for divorce.
Separation: You can file for divorce if you and your spouse have lived separate and apart for at least one year after signing a separation agreement.
Irretrievable Breakdown: It is a no-fault divorce ground. You can file for divorce on this ground if your relationship with your spouse has been over for at least six months.
Adultery: It is a common ground for all at-fault divorces in New York and throughout the U.S. You should have proof that your spouse has engaged in sexual misconduct with someone other than you. This involves any voluntary sexual intercourse, such as oral, anal, or any other type, that occurs after the marriage and may constitute adultery.
It is important to note that the grounds for divorce in New York may vary depending on the specific circumstances of your case. It is always best to consult with an attorney to discuss your options and to ensure that you are filing for divorce on the correct grounds.
Gather the Information You Need to Complete the Form:
- If you are going with an uncontested divorce, you will need the following information to complete the form:
- Your name and address
- A copy of your marriage certificate
- A copy of any settlement agreement that you have reached with your spouse
- A list of marital and separate property that both spouses own, as well as any debts that you may have incurred during the marriage
- A copy of any restraining orders, if applicable
- Finish the Paperwork and File the Forms:
Once you have gathered all of the necessary information, you will need to complete the paperwork and file it with the court clerk’s office. This will be the Supreme Court in New York. In some counties, the paperwork can be filed electronically. Check with your county to see if this option is available. If you hire an attorney, they will take care of filing the paperwork for you. The filing fee is $335, and there may be additional charges.
Serve the Divorce Papers to Your Spouse:
You must send photocopies of all the forms to your spouse so they can hire a lawyer and respond to your allegations. The forms you need to send are:
- Summons with Notice or Summons and Verified Complaint
- Notice Concerning Continuation of Health Care Coverage
- Notice of Automatic Order
Sworn Statement of Removal of Barriers to Remarriage
If you have filed for divorce, the next step is to ensure that your spouse is aware of the case. You can ask someone who is over 18 and is a resident of New York to serve the divorce papers, or you can ask your lawyer to do it. Just make sure you serve your spouse with the documents within 120 days of the filing date.
The person who serves the papers to your spouse must complete an affidavit and return it to you. This proves that the documents were served to your spouse, and you must file the affidavit with the court.
Here is some additional information about serving divorce papers in New York:
- The papers must be served personally, meaning that the server must hand them to your spouse in person.
- If your spouse cannot be found, you may be able to serve them by mail or publication. However, you will need to get permission from the court to do this.
- It is important to keep a record of the service, including the date, time, and place where the papers were served. This record will be helpful if there are any problems with the case later on.
Response of Your Spouse:
The way your spouse responds to the divorce papers determines the next steps you must take:
- If your spouse fails to respond to the papers, you can file a motion for default divorce.
- If your spouse signs and returns the Affidavit of Defendant, you should file it with the court clerk’s office. This will put your divorce case on the calendar. The defendant will agree to the divorce and all of the terms listed in the Summons with Notice in the Affidavit of the Defendant. This only happens in an uncontested divorce.
- If your spouse files for a Notice of Appearance, you will have a contested divorce. You should hire a divorce attorney from The Law Offices of SRIS.P.C. if you still need to get one.
What Do Spouses Get in a Divorce in New York City?
When it comes to contested divorce, spouses mostly fight. Getting a Divorce in New York City involves the following:
- Property Division
- Alimony
- Child Custody
- Child Support
Property Division:
When a couple gets divorced, they need to divide their property and debts. This can be a complex process, but it is important to do it fairly.
There are two types of property in a divorce:
Separate Property: Separate property is property that one spouse owned before the marriage or that was gifted to them by someone other than their spouse during the marriage.
Marital Property: Marital property is all other property, including property that was acquired during the marriage, even if it is in the name of just one spouse.
If the spouses can agree on how to divorce in New York State, they can do so without going to court. However, if they cannot agree, the court will divide the property for them.
The court will consider a number of factors when dividing property, including:
- The length of the marriage
- The income of each spouse
- The needs of each spouse, especially if there are children involved,
- The value of each spouse’s separate property
- The contributions that each spouse made to the marriage, both financially and non-financially
Any other factors that the court finds relevant
Here are some additional tips for dividing property in a divorce:
- Get all of your financial information together, including your income statements, tax returns, and asset lists.
- Be prepared to discuss your needs and the needs of your children.
- Be willing to compromise.
- Consider mediation or arbitration as an alternative to going to court.
Alimony:
In New York, alimony is called maintenance. It is not mandatory, and the judge will decide whether to grant it after considering factors such as:
- Whether the spouse seeking alimony lacks sufficient income to provide for themselves.
- The standard of living during the marriage.
- The circumstances surrounding the divorce.
- Whether the other spouse has enough income or property to pay alimony.
If the judge decides that alimony is granted, the amount and duration will be determined based on the following factors:
- Each spouse’s present and future earning capacity.
- The spouse’s physical and mental health.
- The duration of the marriage.
- All of the spouse’s property and income.
- The time it takes for the spouse to become self-supporting.
- Lost earning capacity due to previous education and career opportunities given up during the marriage.
- Other factors that the court finds to be just.
Child Custody:
When spouses have minor children, there may be disagreements about who gets custody of the child. Child custody determines how much time a child spends with each parent and who makes decisions about the child’s upbringing.
If the spouses can agree on a custody arrangement, the judge will approve it unless it is determined to be not in the child’s best interests. If the spouses cannot agree, the judge will decide the custody arrangement. Some of the factors that the court may consider when making a child custody decision in New York:
- The wishes of the child, if the child is old enough to express a preference.
- The parent’s ability to provide for the child’s physical, emotional, and educational needs.
- The parent’s relationship with the child.
- The parents’ stability and ability to care for the child.
- The child’s history of living with each parent.
- The child’s special needs.
- The parent’s willingness to cooperate.
- The court will ultimately make a decision that it believes is in the best interests of the child.
Child Support:
Child support is determined using New York child support standards. The non-custodial parent is responsible for paying child support. The amount of child support is based on a number of factors, including the income of both parents, the number of children, and the child’s needs.
How to Divorce in New York State:
If you are going through a divorce or separation and have questions about child custody or child support in New York, you should speak to an attorney.
FAQs
What are the New York State residency requirements for filing for divorce?
In order to apply for divorce in New York, one or both spouses must be current residents of the state on the day the case is filed, or they must both have been there for at least a year.
What steps are involved in a divorce filing in New York?
To resolve matters like child custody, maintenance, and property division, the procedure entails drafting and filing a summons and complaint, serving your spouse with the documents, and then holding talks or court hearings. Contact our experienced divorce lawyer at The Law Offices Of SRIS.P.C. to know how to divorce in New York State.
How are assets split up in a divorce in New York?
The equitable distribution principle is applied in New York, which means that marital property is distributed fairly—though not always equally. Each spouse’s financial status and contributions to the marriage are taken into account.