How to File for Divorce in New York City
Going through a divorce can be quite a daunting task. It can have an enormous impact on an entire family. But knowing the laws of how to file for divorce can minimize the risk of surprises and help to expedite the process to a more rapid conclusion. In New York, the laws are very specific regarding the residency requirements, grounds for divorce, documents needed to file, where to file paperwork, and equitable property distribution.
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Instructions
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Meet the residency requirements for the state of New York. New York requires that a couple be residents of state for a minimum of a year prior to accepting jurisdiction over a divorce preceding.
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File a complaint for divorce with the County Clerk's office. This complaint will detail the grounds or reason for the divorce, requests for property distribution, custody demands and spousal maintenance. For an uncontested divorce, the husband and wife can file this motion together and eliminate costly court preceedings by having a prior agreement determined between them.
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Pay the County Clerk the filing fees to receive and index number for the case. This is the identification for your case and is recorded into county record.
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File for a note of issue. This will result in the court notifying you of their divorce judgement once it comes back from the judge. There is typically a small fee for this, as well.
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Wait 60 to 90 days. This is the length of time that is generally required to hear back from the court that the judgement for divorce has been completed.
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File the notice of entry. Once the judgment has been made, this is the last step toward a non-contested divorce. This is a final statement to the court that you have complied fully with all of the legal guidelines of the process.
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Tips & Warnings
Some additional forms could be necessary dependant on the specifics of your divorce. Other forms include a Summons UD-1 Form, a Marital Settlement Agreement, a Sworn Statement of Removal of Barriers to Remarriage UD-4 Form, an Affidavit for Defendant in Divorce Action UD-7 Form, a qualifed Medical Support Order UD-8b Form and a Findings of Fact/Conclusions of Law UD-10 Form.
Contested divorces are far more involved. It is probably in the best interest of the divorcing parties to seek legal council in this situation.
References
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