Going through a divorce is a difficult process. It is not only emotionally exhausting, but it is also complex and takes a lot of time. You cannot simply get a divorce immediately. There is a long and hard process involved. To get a divorce, the first thing you need to know is how to apply for divorce in New York.
To get a divorce in New York, you must know how to apply for one. You can get a divorce without a lawyer, but it is always a good idea to have one to help you with the case. The Law Offices of SRIS.P.C. have divorce attorneys who know how to apply for a divorce in New York. Hire a divorce lawyer who can protect your rights and safeguard your interests.
How to Apply for a Divorce in New York?
There are three different ways to apply for a divorce in New York, and they are:
- Apply For A Divorce Using Divorce Attorneys
- Apply For A Divorce Using Online Divorce Services
- Apply For A Divorce Using DIY
Applying for a Divorce Through a Divorce Attorney:
If you choose to go through a divorce attorney, both spouses will need to hire their own lawyer. The attorneys will discuss how to divide property, child custody, child support, and spousal maintenance. Once they come to an agreement, they will file the divorce paperwork with the court.
The filing fee for a divorce in New York is $335. You will also need to pay a $210 index number fee. If your divorce is uncontested, the total cost will be around $5,500. If your divorce is contested, the total cost could be much higher, depending on the complexity of your case.
Applying for a Divorce Through an Online Divorce Service:
How toI divorce in New York? You can also apply for a divorce through an online divorce service. These services will help you prepare the necessary paperwork for a flat fee, which typically ranges from $135 to $500. Some of these services will file the paperwork for you, while others will give you detailed instructions on how to file for divorce yourself.
To file for divorce online, you will need to create an account with the online divorce service and provide them with some basic information about your marriage and your spouse. The service will then generate the necessary paperwork for you. Once you have reviewed and signed the paperwork, you will need to file it with the court.
The filing fee for a divorce filed online is the same as the filing fee for a divorce filed through a divorce attorney. However, you may also need to pay a service fee to the online divorce service.
How to File for a Divorce in New York Using DIY?
DIY divorce, also known as do-it-yourself divorce, means filing the paperwork without the help of a lawyer or online divorce service. how to apply for a divorce in new york, However, in order to file the paperwork yourself, you will need to learn and understand a lot of information. You can find an uncontested divorce packet for detailed instructions on how to do the paperwork.
DIY divorces are great because they are inexpensive and the divorce process can be completed quickly. However, DIY divorces only work for uncontested divorces. If you make any mistakes in the paperwork, you will need to start over. Check out How to Divorce in New York for more.
Once you have completed the paperwork, you will need to file it with the clerk’s office of the New York court where you reside.
Step By Step Procedure To Apply For A Divorce In New York:
How to apply for a divorce in new york, you need to follow several steps, and they are:
Step 1: Confirm Your Residency in New York
To get a divorce in New York, you must meet the residency requirements. Here are the options:
- Both spouses are New York residents and the grounds for divorce happened in New York.
- One spouse has been a New York resident for at least one year and the grounds for divorce happened in New York.
- One spouse has been a New York resident for at least one year and was married in New York or living in New York as a married couple.
- At least one spouse has been a New York resident for two or more years.
If you meet any of these requirements, you have confirmed your residency for a divorce in New York.
Step 2: Determine the Grounds for Divorce
If you want to get a divorce, you must first determine the grounds on which you are filing for divorce. There are several grounds by which you can file for divorce, including:
- Adultery: This is when one spouse has sexual relations with someone other than their spouse. To get a divorce on the grounds of adultery, you will need to provide the court with sufficient proof.
- Abandonment: This is when one spouse leaves the other spouse and does not return for at least one year. You can use this as grounds for your divorce.
- Imprisonment: If your spouse has been in prison for at least three years, and you did not marry them just before they went to prison, or you did not get married after they went to prison, you can use this as grounds for your divorce.
- Cruel and inhuman treatment: This is when your spouse causes you to suffer from mental, physical, or sexual abuse. You can file for divorce on this ground if your spouse makes it difficult for you to continue living with them.
- Irretrievable breakdown: This means that the marriage has broken down so badly that it is beyond repair and has been this way for at least six months. You can only use this ground for divorce if this condition is met.
- Separation: If you have lived apart from your spouse for at least one year after signing a separation agreement, you can use this as grounds for your divorce.
Step 3: Gather Filing Information
For an uncontested divorce, you need to gather information like:
- Name and address of both spouses
- Copy of marriage license
- Copy of settlement agreement
- List of properties that the spouses own together or separately
- Copy of restraining order (if applicable)
If the spouses have children, they must fill out the supplementary paperwork. If they have children under 21, they must file an uncontested divorce packet with the state before continuing the proceedings. Once they have completed all the forms, they must file the Summons with Notice or Summons and verified Complaint form at the court clerk’s office or with the New York NYCET e-filing system.
Step 4: Serve your spouse with divorce papers
Once you file for divorce, you must inform the other spouse of the filing so that they have time to respond to any requirements they do not agree with. This process is called “serving.” The serving must be done by a third party who is over the age of 18. The spouse who filed for divorce has 120 days from the date of filing to find someone willing to serve the divorce papers to the other spouse. If your spouse lives out of state, there are different service rules that you must follow. And if your spouse does not respond, you can try different service methods, such as publishing a notice in the newspaper.
Step 5: Respond to Your Spouse
After serving your spouse with divorce papers, they must respond within 20 days for in-state spouses and 30 days for out-of-state spouses. If your spouse does not respond to the divorce papers within the given time, they have defaulted. You must wait 40 days from the day your spouse was served to file the rest of the papers in court.
If your spouse files a Notice of Appearance, your case will become a contested divorce. If your spouse files an Affidavit of Defendant, the case will remain an uncontested divorce.
Step 6: Set a Court Date
Based on whether the divorce is still uncontested, you can talk to your spouse about setting a court date, or you can set the court date yourself if your spouse has defaulted. Once you finish all the forms, file them at the clerk’s office and settle the divorce.
If the divorce is contested, the next step is to take the case to court with your spouse. This is where the agreements for property division, child custody, visitation, child support, and alimony will be settled.
With the help of your legal team from The Law Offices Of SRIS.P.C., this process can be simple, and the terms agreed upon will be properly enforced.
FAQ
- What are the key differences between uncontested and contested divorces?
- Agreement: In an uncontested divorce, both spouses agree to the terms of the divorce. In a contested divorce, the spouses do not agree on the terms of the divorce and must go to court to resolve their disagreements.
- Time: Uncontested divorces typically take less time than contested divorces.
- Cost: Uncontested divorces typically cost less than contested divorces.
- Legal representation: In an uncontested divorce, it is not always necessary to have legal representation. However, in a contested divorce, it is usually advisable to have legal representation.
- What is alimony in a divorce?
- Temporary alimony: Temporary alimony is awarded for a limited period, usually to help the spouse seeking alimony become self-supporting.
- Rehabilitative alimony: Rehabilitative alimony is awarded to help spouses seeking alimony acquire the education or skills they need to become self-supporting.
- Permanent alimony: Permanent alimony is awarded when the spouse seeking alimony cannot become self-supporting.
- Do you need legal grounds to get a divorce?
- How do I show proof of divorce?
- Where Can Spouses Work Out Their Differences Outside of Court?
- What Is Equitable Distribution Law?
- The length of the marriage
- The value of the marital property
- Each spouse’s contributions to the marital property, including financial contributions, non-financial contributions (such as raising children), and contributions to the spouse’s career
- The spouses’ respective earning capacities
- The economic circumstances of each spouse upon the division of property
- The age and health of each spouse
- The needs of any dependent children
- What are the steps involved in filing for a divorce in New York using DIY?
- Gather the necessary paperwork. This includes a copy of your marriage certificate, a separation agreement (if applicable), and a financial affidavit.
- Complete the divorce paperwork. You can find the forms you need on the website of the New York Unified Court System.
- File the paperwork with the clerk’s office of the court where you reside.
- Pay the filing fee.
- Serve the paperwork on your spouse.
- Wait for the divorce to be finalized. The divorce process typically takes 6-8 weeks.