How to Get a Divorce in New York State: Your Guide to a Smooth Divorce in New York
Divorce in New York involves numerous procedures: filling of necessary forms, running through the residency requirements, for instance. You will have to negotiate complex and emotionally charged issues such as division of assets, custody, and support. A professional divorce attorney can ensure the protection of your rights, help you make sense of how to get a divorce in New York State, handle paperwork, and guide you through negotiations or court proceedings.
Who Can File for Divorce in New York?
For Getting divorced in New York, you meet New York divorce requirements so the court can exercise jurisdiction over your case. One of the following must be true for you or your spouse:
- Either of you shall have been a resident of New York for at least two years.
- You were married in the state of New York, and at least one of the spouses spent at least one year during the marriage within the state.
- You and your spouse have cohabited with each other in New York as husband and wife for at least one year.
- The divorce grounds took place in New York, and at least one spouse had been a resident of that state for over a year before the divorce began.
What Is the New York Divorce Process?
Confirm Your Residency:
When filing for divorce in New York, it is essential to confirm your residency status. Both you and your spouse must meet New York divorce requirements: at least one of you must have lived in New York for at least one year before filing. To ensure New York’s jurisdiction over your divorce, the grounds for the divorce must have occurred during your shared residency in the state.
Understand and Compile the Grounds for Divorce:
New York is a no-fault divorce state. In other words, it asks you for nothing about proving fault or ill will when seeking a divorce. On the other hand, however, you can seek a no-fault divorce if your marriage has broken down irretrievably for a period of six months or more. Other grounds are cruelty which means torture-physical or mental and also domestic violence; abandonment for one year or more; adultery; imprisonment of the spouse for three years or more after the marriage has taken place.
Separation is also a no-fault ground for divorce which arises when separation between you and your spouse has existed for a period of over one year with an agreement that separates you and your spouse. The agreement may be judicially enforceable or even mutually agreed.
Gather Necessary Documents:
For an uncontested divorce, where the parties are in agreement on the basis of the divorce terms, you should collect the following papers:
- Your legal name and address
- Marriage license
- Separation agreement or divorce settlement
- Documentation of joint assets
- Protection orders in the event that they apply
There are additional requirements if you have minor children below 21 years. New York allows couples without children to file with the DIY Uncontested Divorce Program. Based on this, you can then file a summons and complaint at the County Clerk’s Office or submit online with NYSCEF.
Serve Divorce Papers:
Once you’ve filed your divorce papers, you must serve them to your spouse, meaning they need to be formally delivered a copy of the divorce documents. You have 120 days from the filing date to serve your spouse.
Respond to Your Spouse’s Answer:
His or her spouse will then have 40 days to react to the divorce paper. His or her spouse may sign and deliver them to you if he or she accepts the terms of the filing. If your spouse accepts any and all terms in the filing, divorce will be automatically accepted and finalized as indicated. But in case your spouse disagrees with any term, it will now be a disputed-divorce. It shall then have to go to court.
Set a Court Date:
For uncontested divorces, a mutual date can be set or even by the court itself, especially in case of default. After all the paperwork is filed, you would receive a court date for the finalization of your divorce.
As far as contested cases are concerned, one has to go through multiple court hearings, disputes over custodial rights of the child, visitation arrangements, distribution of property, alimony and child support. More court involvement is required; however, it can be well managed with a legal team.
Preparing and understanding the divorce process will make your divorce process easier and better to handle both in contested and uncontested divorce cases.
How Do You File for Divorce in New York?
In order to know how to get divorce in New York, it’s necessary to understand the filing process. To file for divorce in New York, you must go through the Supreme Court, the state’s highest trial-level court. You should file in the county where either you or your spouse resides. The NYCourts Court Locator can help determine the correct court.
To initiate the process, obtain an Index Number from the County Clerk’s Office and file necessary documents like a Summons with a Notice or a Verified Complaint. Your spouse will be served with these divorce papers and granted time to respond.
How Do You Serve Divorce Papers in New York?
After filing for divorce, your spouse is liable to be served divorce papers or notify about the action taken by the court. Serving your spouse will be done in a variety of manners:
Direct Delivery: You can deliver the divorce papers to your spouse if he or she consents. He or she must sign and notarize the Affidavit of Defendant.
Personal Service: This means that you are delivering divorce papers to your spouse by a person who is more than 18 years old in New York State or otherwise legally empowered to serve in another state.
He will take the Affidavit of Service to prove that the papers were served to your spouse. If you can not find your spouse, you may file for alternative service by having the notice published in a newspaper.
How Long Does the Divorce Process Take in New York?
The duration of the divorce process in New York depends on the following:
- Whether Contested or Uncontested Divorce: Uncontested divorces, where both parties agree, are often finalized faster. Disputed divorces with disagreements on one or more issues can take longer.
- Complexity of Case: In some divorces with considerable assets and business interests, the case can take longer to conclude.
- Court Availability: This also determines the time.
A divorce in New York can take several months or even a year or more. To navigate the process of getting divorced in New York and protect your rights, consult an attorney.
Why Choose Our Attorneys for Your Divorce?
Divorce is a life-altering experience. At The Law Offices of SRIS, P.C., we understand the emotional turmoil and legal complexities involved. With over 50 years of combined experience in family law, our New York divorce lawyer provides you with personalized legal counsel and compassionate support.
Why Choose Us?
- Decades of Experience: Our attorney knows the intricacies of New York divorce law.
- Personalized Approach: We understand that each divorce is unique. We take the time to listen. We take the time to listen to your specific needs and goals, tailoring our approach to your situation.
- Negotiators: Our attorneys are negotiators, working to achieve fair and amicable resolutions without resorting to unnecessary litigation whenever possible.
- Compassionate Support: We provide compassionate support throughout the process, ensuring you feel heard, understood, and empowered.
Our divorce lawyer will guide you through the legal process, offering confidence during this challenging time.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Divorce in New York can be complex. Contact us to schedule a consultation.
Frequently Asked Questions
The court's role is to review the Stipulation of Settlement to ensure that it's fair and equitable. Then, they enter a Judgment of Divorce.
Factors such as the child's best interests, their relationship with each parent, the stability of each parent's home, and, if applicable, the child's wishes influence child custody and visitation decisions.
The consideration of each spouse's income and earnings and the length and standard of living during the marriage.