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How to Get Divorce in New York

The Law Offices Of SRIS, P.C. can understand How to Get a Divorce in New York and legally elaborate but do not worry. The Law Offices Of SRIS, P.C. will assist you in navigating the process smoothly and efficiently. Our Step-by-Step Manual for Acquiring a Divorce in New York offers the necessary comprehension and understanding to make knowledgeable choices throughout your divorce proceedings. We’ve got you covered whether you seek an uncontested or contested divorce. With our experience in family law, we are determined to empower you to move forward confidently.

The Significance of Comprehending the Divorce Process in New York:

The divorce process in New York can be convoluted and time-consuming. Understanding the steps involved in safeguarding your rights and interests is fundamental.

  • To make informed decisions: Divorce involves many important decisions, such as child custody, child support, alimony, and property division. Understanding your options and the implications of your findings is essential to make the best choices for yourself and your family.
  • To avoid surprises: The divorce process can be unpredictable. If you need help understanding the process, you may be surprised by certain developments, such as filing motions or scheduling hearings. By understanding the process, you can prepare for any eventuality.
  • To protect your rights: The divorce process is adversarial. Your spouse may have different goals and interests than you do. Safeguarding your rights by understanding the law and your options is essential.

Dividing the Divorce Process in New York into the Following Steps:

  1. Filing for separation: The first stride is to apply for a divorce with the court. The application must include particular information, such as the parties’ names, the marriage date, and the reasons for separation.
  2. Serving the application: Once you file, you must help your partner with a copy of the application and a summons to appear in court.
  3. Responding to the application: Your partner has 20 days to respond. If your partner does not answer, you may be able to obtain a default ruling.
  4. Trial: If you and your partner cannot agree, your case will go to trial. At trial, the judge will decide the terms of your separation.
  5. Ruling: The court will issue a divorce ruling once the judge has decided. The order will set forth the terms of your divorce, such as child custody, child support, alimony, and property division. The divorce process in New York can be complex and time-consuming. Nevertheless, by comprehending the measures involved, you can safeguard your entitlements and concerns and navigate the procedure as effortlessly as possible.

Meeting New York's Residency Requirements:

You must fulfil the state’s dwelling requisites to initiate divorce proceedings in New York.

The requisites are as follows:

  1. You must have been a resident of New York State for a minimum of six months directly before filing the divorce petition.
  2. You must be a county resident where you are filing for divorce.
  3. If you do not fulfil the dwelling requirements, you might still be able to file for divorce in New York if your spouse is a state resident. Nevertheless, you need to acquire a waiver of the dwelling requirement from the court.

Grounds for Divorce in New York:

  1. Irretrievable breakdown: It is the most common ground for divorce in New York. It means that the marriage has broken down irretrievably, and there is no reasonable likelihood of reconciliation.
  2.  Inhuman treatment: This ground requires that your spouse has subjected you to treatment that endangers your physical or mental well-being.
  3. Abandonment requires that your spouse has deserted you for at least one year without justification.
  4. Imprisonment: This ground requires that your spouse has served at least three years in prison.
  5. Adultery: This ground requires that your spouse has had sexual relations with someone other than you during the marriage.
  6. Judgment of separation: This ground requires that you and your spouse have entered into a valid separation agreement.
  7. Separation Agreement: This requires that you and your spouse have lived separately and apart for at least one year after signing a separation agreement.

Uncontested vs. Contested Divorce:

In an uncontested divorce, both partners agree on the divorce conditions. It implies they agree on aspects like child custody, child support, spousal support, and asset partition. In a contested divorce, the partners do not agree on one or more factors. The divorce case will proceed to court, and the judge will determine the divorce conditions.

There are several benefits to an uncontested divorce:

  1. It is typically much faster and less expensive than a contested divorce.
  2. It is less emotionally draining for both spouses.
  3. It is more likely to result in a mutually agreeable outcome.
Benefits of Contested Divorce:
There are also some benefits to a contested divorce:
  1. It may be the only way to get a fair outcome if one spouse is unwilling to cooperate.
  2. It may allow the spouses to have more control over the terms of their divorce.
  3. It may enable the spouses to have a say in how they raise their children.

Drawbacks of Contested Divorce:

However, there are also some drawbacks to a contested divorce:

  1. It is much more time-consuming and expensive than an uncontested divorce.
  2. It can be very emotionally draining for both spouses.
  3. There is no guarantee that the spouse will get the outcome they want.

Which Type of Divorce is Right for You?

The top separation for you will rely on your conditions. If you and your partner can consent to the separation conditions, an uncontested separation may be your top choice. Nevertheless, if you and your partner cannot agree on one or more concerns, a contested divorce may be the sole approach to obtain a just outcome.

Reasons to Hire an Attorney:

You should hire an attorney for your divorce for many reasons. Here are a few of the most common reasons:

  1. To protect your rights: A lawyer can help you understand your legal rights and can ensure that others cannot exploit you.
  2. To help you reach an agreement: A lawyer can help you negotiate with your spouse and agree on the terms of your divorce.
  3. To represent you in court: If you contest the divorce, you can hire a lawyer to represent and advocate for your interests.
  4. To provide emotional support: Going through a divorce can be a very moving experience. An attorney can provide emotional support and help you through the process.

How to Find a Reputable Divorce Attorney in New York?

You can do a few things to find a reputable divorce attorney in New York—request recommendations from acquaintances, kin, or coworkers. Reach out to the New York State Bar Association. The New York State Bar Association possesses legal counsel recommendation assistance to aid you in locating a solicitor.

Conduct your investigation: Explore internet evaluations and ratings of various lawyers. Arrange meetings with several diverse lawyers. It will allow you to meet with alternative lawyers and determine with whom you sense the ease.

Process of Self-Representation:

It is possible to represent yourself in a divorce in New York. However, it is essential to be aware of the risks involved. Here are a few things to keep in mind if you are considering self-representation:

  • You will be responsible for all the paperwork and filing fees.
  • You will need to know the law and be able to argue your case in court.
  • You may not get a fair outcome if your spouse has an attorney.

If you decide to self-represent, it is essential to do your research and get as much information as possible. Many resources are available to help you, including books, websites, and legal aid organisations.

Here are some of the pros and cons of self-representation in a divorce:


  •  It can save you money.
  • You have more control over the process.
  • You can learn more about the law.


  • It can be time-consuming and stressful.
  • You may not get a fair outcome.

Filing the Divorce Petition:

Gathering the necessary documents and information

Before filing for divorce in New York, you must gather basic information and documents. It includes:

  • Your name and your spouse’s name.
  • Your birth date and your Partner’s birth date.
  • Your social security number and your spouse’s social security number.
  • The date of your marriage.
  • The names of any children you have together.
  • The last known address of your spouse.
  • The name of the court where you will be filing your petition.
You will also need to gather copies of any relevant documents, such as:
  • Your marriage certificate.
  • Your children’s birth certificates.
  • Any financial papers, such as tax returns or bank statements.
  • Any copies that show the property you own together.

Completing the New York Divorce Petition Forms:

Complete the New York divorce petition forms once you have gathered all the necessary information and documents. The New York State Unified Court System website contains these forms. The petition form will ask you to provide information about your marriage, children, and finances. You will also need to state the grounds for your divorce.

Filing the Paperwork with the Appropriate Court:

Once you have completed the petition form, you must file it with the appropriate court. The court where you file your petition will depend on where you live. You can file your petition at the court clerk’s office or mail it in. If you are mailing your petition, you must include a filing fee.

After you have filed your petition, the court will schedule a hearing. The judge will review your petition at the hearing and decide whether to grant you a divorce. Filing for divorce can be a complicated journey, but it is crucial to follow the correct steps. Following the tips above can make the process as smooth as possible.

Filing an Answer or Counterclaim:

If you are the responding party in a divorce, you may need to file an answer or a counterclaim. A solution is a document that allows you to respond to the allegations in the dissolution petition. A counterclaim is a claim that you are making against your spouse.

The Importance of Timely Responses:

It is essential to file your answer or counterclaim promptly. If you do not quickly file your answer or counterclaim, you may lose your right to contest the divorce.

Preparing for Court Appearances

Preparing for a court appearance can be daunting, but it is essential to do your due diligence to present your case in the best possible light. Here are some tips for preparing for court:
  • Read the court documents carefully: Ensure you understand the allegations against you and the evidence presented.
  • Gather your proof: It includes documents, photographs, or witness statements.
  • Practice your testimony: It will help you feel more confident and prepared when standing.
  • Dress professionally: It will make a good impression on the judge and jury.
  • Arrive early: This will give you time to relax and collect your thoughts before the hearing begins.

Adhering to Court Rules and Procedures:

In addition to preparing for court and conducting discovery, adhering to court rules and procedures is essential. It includes filing documents on time, appearing in court as scheduled, and following the judge’s instructions. By following the rules and procedures, you can ensure that you handle your case smoothly and efficiently.

Trial and Finalizing the Divorce:

If your case goes to trial, you will have the opportunity to present your case to the judge. It means you can tell your story and present evidence supporting your claims.

There are a few things you can do to prepare for the trial:

Gather your evidence. It includes documents, photographs, and witness statements.

Practice your testimony. It will help you feel more confident and prepared when on the stand.

Work with your attorney to develop a strategy. Your attorney can help you decide what evidence to present and how to present it.

Factors the Court Considers in the Decision-Making Process:
  • The children’s best interests: The court will always consider the children’s best interests when deciding. It means that the court will try to make a decision that will provide the children with stability and security.
  • The Properties and debts of the parties: The court will also consider the parties’ assets and obligations when deciding. It means the court will try to make a fair decision for both parties.
  • The length of the marriage: The size of the wedding is also a factor that the court will consider. The court will want to ensure the divorce terms are fair to both parties, especially if they have been married for a long time.

Post-Divorce Matters:

Divorce is a significant life change,  and adjusting to life after your marriage can be difficult. There are several post-divorce matters that you will need to deal with, such as:

  • Child custody and visitation. You must work out a child custody and visitation agreement with your ex-spouse if you have children. This agreement should be in writing and approved by the court.
  • Child support. If the court orders your ex-spouse to pay child support, If they are not, you may need to take steps to enforce the order.
  • Alimony: If the court orders you to pay alimony, you must pay the correct amount on time. If you fail to do so, your ex-spouse may take steps to enforce the order.
  • Division of assets and debts: Your divorce decree will outline how your help and divide obligations. You must ensure that you comply with the terms of the law.

Dealing with Post-Divorce Issues:

Dealing with post-divorce issues can be challenging, but it is crucial to stay caused and focused. Here are a few tips for coping with post-divorce matters:

  • Be organised. Keep documents the paperwork related to your divorce, such as your divorce decree, child custody agreement, and child support order. It will make it easier to refer to the documents as needed.
  • Be communicative. Communicate regularly with your ex-spouse about issues related to your children, child support, or alimony. It will help to avoid misunderstandings and conflict.
  • Be professional. Even if you are not on good terms with your ex-spouse, it is essential to be professional when dealing with them. It means communicating respectfully and transparently.
  • Seek help if needed. If you are struggling to cope with divorce’s emotional or financial challenges, you may want to seek professional help. A therapist or counsellor can help you to work through your emotions and develop coping mechanisms.
Enforcement of Court Orders:

If your ex-spouse is not complying with the divorce terms decree, you may need to take steps to enforce the order. It could involve filing a motion with the court or taking your ex-spouse to court.

Modifying Court Orders:

If the circumstances of your life change after your divorce, you may need to modify your divorce decree. This could involve changing the child custody or visitation arrangements, the amount of child support, or the amount of alimony. You must file a motion with the court to modify your divorce decree. The court will consider your life’s circumstances and decide whether to change the order.

The Law Offices Of SRIS, P.C. understand that each divorce case is unique and how to Get a Divorce in New York. Contact The Law Offices Of SRIS, P.C. to schedule a consultation and discover how our attorneys can alleviate the burden of divorce and set you on a brighter future. Remember, we stand by your side throughout this challenging process, ready to help you achieve the best possible outcome for your unique situation.

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