How to File for Divorce in the State of New York
Getting a divorce can be a difficult and emotionally draining ordeal, yet sometimes there's simply no other alternative. When getting a divorce in New York, understanding the relevant laws and process can make getting a divorce at least a little less stressful.
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Instructions
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Determine if you meet residency and filing requirements. To file for divorce in New York, the two parties must have been married in the state and at least one person must be a resident of the state for at least a year at the time of the beginning of the divorce proceeding. If the marriage did not take place in the state, the two parties should have resided in the state as husband and wife at some point, and one of the parties should still be a resident.
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Talk to your partner about how you will divide marital property, whether one of you will provide financial support to the other and how you will handle custody of children. Making sure the two of you are in agreement over these issues will make the divorce proceeding go smoothly and avoid the need for a trial. Keep in mind that in New York, the courts will rule for an "equitable distribution" of marital property. This does not mean that both parties get equal shares of property, but rather what is "fair" for each in the eyes of the court.
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Decide on your grounds for filing. In New York, the complaint for divorce must declare why the divorce is being sought. Both parties must agree on the divorce grounds and be able to substantiate them. Some grounds commonly recognized by the state of New York include cruel and inhuman treatment of the plaintiff, the abandonment of the plaintiff, the incarceration of the defendant or the commission of an adulterous act.
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File the complaint for divorce and judgment of divorce in court. You can download the necessary forms from the New York State Court website. Look for the uncontested divorce packet. Follow the instructions included with the forms to fill them out properly.
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Sign the forms and have your spouse do the same. In New York, there are between 10 and 20 other documents that may be required throughout the divorce proceeding. Some typically filed during a divorce are a summons, a marital settlement agreement and a sworn statement of removal of barriers to remarriage.
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Bring your completed and signed forms to the court clerk in your county. You will be asked to pay the filing fees at this point. When handing over your forms, also give the clerk a stamped, self-addressed postcard so the clerk can notify you by mail when the divorce judgment is final.
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Pick up your divorce judgment from the court. In New York, this usually happens 60 to 90 days from the day when the divorce complaint was initially filed. You must then mail a certified copy of the judgment to your partner. Once you file proof that you have completed that last step, the divorce is considered final.
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Tips & Warnings
If the two parties can't come to an agreement on the issues of child custody, spousal support and property distribution, the court will determine those matters in a hearing. Thus, it's best to try to come to agreements on these matters early on.
References
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