Getting a divorce is more challenging than it may seem. Not only does it inflict emotional pain, but it also costs a lot of money. To get a divorce, you must decide on the grounds. There are two grounds on which you can file for a divorce: fault or no-fault divorce. Contact The Law Offices of SRIS.P.C. to learn how to file for a no-fault divorce in New York.
No-fault divorce is when the spouses separate without blaming each other or saying it was the other spouse’s fault. Originally, only fault-based divorces were allowed in New York. Yet, in 2010, no-fault divorce was recognized. How to get a no fault divorce in New York, the spouse who files for divorce only needs to state that their marriage has broken down due to incompatibility or irreconcilable differences.
How do you file for a no-fault divorce in New York?
If you and your spouse are considering a no-fault divorce in New York, the first thing you need to decide is whether to file an uncontested or contested divorce.
Uncontested Divorce
An uncontested divorce is when both spouses agree to the terms of the divorce, such as child custody, child support, spousal support, and property division. This type of divorce is typically less expensive and faster than a contested divorce. The average cost of an uncontested divorce in New York is $5,550.
Contested Divorce
A contested divorce is when the spouses cannot agree on the terms of the divorce. In this case, the case will go to trial and a judge will decide the terms of the divorce. This type of divorce is more expensive and time-consuming than an uncontested divorce. The average cost of a contested divorce in New York is $50,000.
The high cost of contested divorces is due to the fees charged by attorneys. Attorneys typically charge by the hour, and contested divorces can often last for months or even years. In addition to attorney fees, there are also court costs associated with a contested divorce.
If you are considering a divorce in New York, it is important to speak with an attorney to discuss your options and to get an estimate of the costs involved.
There are various reasons why the spouses contest a divorce, and they are:
Spousal Support
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other to help them meet their financial needs after a divorce. Not everyone who goes through a divorce is eligible for spousal support. There are certain criteria that must be met, such as the spouse being unable to financially support themselves after the divorce. The amount and duration of spousal support is determined by the court based on a variety of factors.
Child Support and Child Custody
If the spouses have minor children, the issue of child support and child custody will need to be addressed. Both spouses will likely want their children to live with them, so the court will need to decide what is in the best interests of the children. The court will consider a number of factors, such as the parents’ incomes, the children’s ages and needs, and the parents’ parenting skills.
The court will also need to determine the amount of child support that will be paid. In New York, there are child support guidelines that the court uses to calculate the amount of support. The non-custodial parent pays child support to the custodial parent.
Division of Marital Assets
If spouses have a lot of property, it can be difficult to distinguish between marital and separate property. Even if they are able to divide the marital property on their own, it can be a hassle to divide it between the spouses. For example, they may both want the same property, or one spouse may want the property and the other spouse may not want them to have it.
If the spouses cannot agree on property division, they can go to a judge. The judge will divide the property based on equitable distribution. This means that the judge will divide the property in a way that is fair to both spouses, taking into account factors such as the length of the marriage, the income of each spouse, and the needs of any children.
Prenuptial Agreement
If there is a prenuptial agreement, the property will be divided according to the terms of the agreement. However, a prenuptial agreement is only valid if it was entered into voluntarily and without coercion.
Grounds for Divorce
When you file for divorce, you can choose “no-fault” as the grounds for divorce. In a no-fault divorce, there are two types:
- Separation: If you and your spouse have reached a separation agreement and lived apart for more than a year, you can use this as a basis for a no-fault divorce.
- Irretrievable breakdown: This usually happens when you and your spouse are no longer on the same page or you are no longer in love. You need to prove that your marriage has broken down irretrievably for at least six months to get divorced based on this ground.
Residency Requirements to Qualify for Divorce in New York
What is No Fault Divorce in New York: To file for no-fault divorce in New York, you must meet one of the following residency requirements:
- Both spouses are New York residents, and the grounds for divorce occurred in New York.
- You or your spouse have been a resident of New York for at least two years before filing for divorce.
- Either you or your spouse has been a resident of New York for at least one year and:
- You were living in New York as a married couple.
- You were married in New York.
- The grounds for divorce occurred in New York.
Filling Out the Paperwork
Once you have decided on the type of no-fault divorce you will use as grounds for your divorce and whether the divorce is contested or uncontested, the next step is to fill out the paperwork. Is there no fault divorce in New York? You will need to file a number of forms with the court clerk’s office. The filing fee is $335, but you may be eligible for a fee waiver if you cannot afford to pay.
To get a fee waiver, you must meet certain requirements. These requirements vary depending on your income and family size. You can find more information about fee waivers on the New York Courts website.
Before you start filling out the paperwork, you will need to gather some information, such as:
- The names and addresses of both spouses
- A list of all marital and separate property
- A copy of the settlement agreement (if applicable)
Once you have gathered this information, you can begin filling out the required forms. The specific documents you will need to file will vary depending on the type of divorce you are filing for.
The following are some of the most common forms that are required for a divorce in New York:
- Summons with Notice or Summons and Verified Complaint
- Notice of Automatic Orders
- Notice Concerning Continuation of Health Care Coverage
- Settlement Agreement (if applicable)
Once you have completed the required forms, you can file them with the court clerk’s office. If you have any questions about the filing process, you should consult with an attorney.
Serving the Divorce Papers to Your Spouse
After filing divorce papers in New York, you must serve a copy of the documents to your spouse. This can be done by a third party, such as your lawyer or someone who is at least 18 years old. The documents must be hand-delivered to your spouse, and the person who serves them must sign an affidavit form indicating the time, place, and date of service.
If your spouse lives in another state, there may be different service requirements. You can ask the court for permission to use an alternative method of service if you cannot find your spouse.
How Your Spouse Responds
The way your spouse responds to the divorce papers will determine how the case proceeds. If your spouse is in New York State, they have 20 days to file a response. If they are out of state, they have 30 days to respond.
- If your spouse files an affidavit for the defendant, the case becomes an uncontested divorce.
- If your spouse does not respond within the allotted time, they are considered to have defaulted. In this case, you must wait 40 days from the date of service before filing additional paperwork with the court.
- If your spouse files a notice of appearance, the case becomes a contested divorce.
Finalization of the Judgment
In the case of an uncontested divorce, the judge will review your documents and sign the divorce decree. In the case of a contested divorce, you must appear in court on the date specified in the divorce papers. The judge will review your file and then help you negotiate a settlement agreement. For contested divorces, you need the help of divorce lawyers, and we at The Law Offices of SRIS.P.C. can help you get the desired outcome.
FAQs
- What are the forms to fill out in case of a divorce in New York?
Some of the forms that you need to fill out when getting a divorce in New York include:
- Judgment of Divorce
- Affirmation of Regularity
- Sworn Statement of Removal of Barriers to Remarriage
- Certificate of Dissolution of Marriage
- Divorce and Child Support Summary Form
- Affidavit of Service of Judgment of Divorce
- Notice of Entry
When will I have a court hearing?
The court hearing typically takes place 30 to 60 days after you file the complaint. When you file the Verified Complaint Divorce New York, a court hearing will be scheduled. At the hearing, the judge will review the status of the case and help you move the case forward to a final decision. If you do not attend the hearing, your lawsuit will be dismissed, and you will have to start over.
What are the methods for dividing marital assets?
- Get professional help. A lawyer can help you understand the laws in your state and negotiate a fair division of property.
- Be prepared to compromise. It is unlikely that you will get everything you want in a divorce. Be willing to compromise with your spouse to reach an acceptable agreement for both of you.
- Document everything. Keep track of all financial transactions and property ownership. This will help you to prove your case if there is a dispute over property division.