How to File for Divorce in New York

In New York State, divorcing couples must establish that the split was someone's fault.

Unlike other states across the county, New York State does not have a "no fault" rule where married couples can cite irreconcilable differences on their court petition for a divorce. The only exception to that rule is if the two spouses live apart for at least a year. Once a reason for the divorce is established, then it's a matter of filing the right documents and either negotiating a settlement outside of court or bringing the matter to trial.

Things You'll Need

• Income and tax records
• County Supreme Court forms for divorce

Instructions

1. Determine the grounds for the divorce. According to Divorce Magazine, typical grounds for divorce include: physical and/or mental cruelty, abandonment (at least one year), adultery or if one of the spouses spent three or more consecutive years in prison after the couple is married. Divorces have also been granted if the defendant has an alcohol or drug problem, is impotent or has infected their spouse with a venereal disease.

2. Collect the necessary documents to get the divorce case file started. The necessary information includes Social Security numbers; addresses; phone numbers; copies of any domestic contracts (prenuptial agreements); information on other previous marriages; details on earlier court/or proceedings between the husband and wife and their children; proof of attempts at reconciliation, including marriage counseling; list of assets and debts for both spouses, including loan applications; the most recent tax returns; proof of wages and income; insurance documents; and investment documents like stock certificates and broker's statements.

3. Obtain and complete the necessary forms at the county Supreme Court to get the case started. There is an Affidavit for Defendant in Divorce Action, a Marital Settlement Agreement, a Sworn Statement of Removal of Barriers to Remarriage, a Qualified Medical Support Order and Findings of Fact/Conclusions of Law. The county court clerk processes the file and informs both parties of scheduled hearing dates.

Tips & Warnings

• If the case goes to trial, it becomes a civil court matter that is subject to public record laws.

References

• Divorce Magazine: New York Divorce Law, Grounds for Divorce