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.