How To Apply for a Divorce in New York

Marriages don’t work out for a lot of reasons.To apply for a divorce in New York, you need to fill out and submit the forms in the court where you live.If your spouse contests the divorce, you should consult with an attorney.

Step 1: It is necessary to satisfy the residency requirement.

People with a lot of ties to New York can’t get divorced here.One of the requirements is that you or your spouse have lived in New York for at least two years before you start divorce proceedings.Either you or your spouse have been living in New York for at least a year and you were married there or you lived there as a married couple.The grounds for divorce occurred in New York when either spouse lived there for a year.The grounds for your divorce happen in the state of New York when both spouses live there.

Step 2: You need to fill out the paperwork for the divorce.

If you are getting an uncontested divorce, you can complete the paperwork at the New York Courts website.An uncontested divorce is one where you and your spouse agree to get divorced and agree on child custody, child support, alimony, and the division of marital property and debts.If you disagree with any of these, you don’t have a divorce.You don’t know if your divorce is final or not.You should talk to your spouse before you leave.If your spouse disagrees, you can either file for an uncontested divorce or a contested divorce.

Step 3: A divorce lawyer can help with a divorce.

If you and your spouse cannot agree on all aspects of the divorce, don’t use the forms at the New York Courts website.You should work with a New York divorce lawyer.You can get a referral from the New York bar association.Low-cost legal help can be found on the lawhelp.org website.

Step 4: There is a reason for the divorce.

You have to give a reason why the marriage ended.This is where the divorce will take place.There are several possible grounds in New York.Pick one of the following: Irretrievable breakdown for at least six months.This is the option of no fault divorce.It must have been at least six months since you broke up.The treatment was cruel and inhuman.Your spouse must have harmed you over the past five years.A lot of disagreeing isn’t enough.Abandonment.For at least a year, your spouse has left you.Abandonment is defined as the refusal to have sex with you for a year.Imprisonment.Your spouse has been in prison for three years in a row.Adultery.During the marriage, your spouse committed adultery.You need proof that your spouse has slept with another person.There are other reasons.You could get a divorce if you separated for a year.If you want to divorce quicker, choose a different ground.

Step 5: You can visit your local court.

You can go to the court in your county.The only court in New York that can grant you a divorce is the Supreme Court.The court clerk’s office is where you’ll file.You can file your papers electronically in some counties.If you are comfortable with technology, this is a good option.If your county court has been approved for e-filing, you can check it out at www.iapps.courts.state.ny.us/nyscef/authorizeCaseType.If you hire a lawyer, they will file your papers and serve copies on your spouse.

Step 6: You have to file your summons.

You need to file your summons with the court clerk.If you have a settlement agreement, you should file it at the same time.

Step 7: Pay for things.

To start the case in most other states, you will need to pay $210 to get an index number.Call ahead of time to make sure payment methods are acceptable.You will have to pay additional fees later on.A divorce that is notcontested will cost at least $335.You can waive the fee if you can’t afford it.

Step 8: Take your paperwork with you.

You need to give your spouse copies of many different forms.This notice is needed so your spouse can respond to your allegations.Make copies of the following and write the index number at the top of them.

Step 9: You can deliver the papers in a divorce.

Ask your spouse if they will contest the divorce.You can give your spouse the divorce papers if you don’t.They need to sign their affidavit and have it notarized.

Step 10: Service should be arranged in all other situations.

Unless you are certain your spouse won’t contest the divorce, you should arrange for the papers to be personally served by someone else.You have to serve the papers within 120 days of filing them with the county clerk.There is probably no reason to wait.A New York state resident is required for your server to be at least 18 years old.If you are serving papers outside of New York, the server must be a resident of the state.

Step 11: The affidavit of service should be filed.

The person who serves the papers must return the affidavit to you.The affidavit shows that the papers were served.It should be filed with the court.

Step 12: Continue with your case.

Your spouse will have a chance to respond.If your spouse signs and returns the Affidavit of Defendant, then you should go to the court clerk’s office and ask to have your case put on the calendar.The affidavit of the defendants is where they will agree to the divorce and all the conditions listed in the summons.It is only used in a divorce.You will have a divorce if your spouse files a Notice of Appearance.If you don’t already have a lawyer, you might need one.You can ask for a default divorce if your spouse doesn’t respond at all.