How to Start a Contested Divorce in New York
It's generally recommended that you consult with an attorney for a contested divorce. A contested divorce is one in which you and your spouse do not agree on getting divorced or disagree about the terms. In New York, because there is not a no-fault divorce option, consulting an attorney to preserve your rights can be especially critical.
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Instructions
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Meet residency requirements. If you were married in New York, were a resident of New York at the time of your marriage in another state or the grounds for your divorce occurred in New York, you must have been a resident of the state continuously for the year prior to filing for divorce. If you were not married in New York and do not meet the previous requirements, you must be a resident of the state for two years prior to filing.
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Identify grounds for divorce. New York is not a no-fault divorce state, so you can only get divorced either after receiving a legal separation and living separately for a period of one year, or on the basis of some fault in your spouse. The fault grounds for divorce in New York are cruel and inhuman treatment, abandonment, adultery and three consecutive years of imprisonment.
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Download and prepare summons and complaint. Form UD-1, the divorce summons and complaint, can be downloaded from the New York Courts web page linked in the Resources section of this article. Prepare an original and make two copies.
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Purchase index number. Take your summons and complaint form to the clerk of the county court and purchase an index number for your case for $210. This allows you to file the summons and complaint with the clerk.
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Serve process. Have one copy of the summons and complaint form served on your spouse. If your spouse lives in New York, anyone over 18 years old can serve process and submit the verification of service form (UD-3). If your spouse lives out of state, you must use a process server that satisfies the laws of that state. Service must be made within 120 days of your filing the summons and complaint with the clerk of court.
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Calendar your case. Once your spouse responds to the summons and complaint contesting the divorce, you must file forms UD-4 through UD-12 to get your case on the judicial calendar. If you are not filing in New York City you must also filed UD-13. While your court date is pending, you will also have to file additional disclosures regarding your personal assets and liabilities.
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References
Resources
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