If the two spouses can agree on distribution of property, custody of children and support, divorce in New York can be accomplished quickly.New York has a step-by-step procedure for uncontested divorces if you meet residency requirements.
Step 1: Make sure you are eligible to file for divorce in New York.
New York’s domestic relations laws are very specific.If you meet one of the requirements, you can file for divorce in New York.If you were married in another state, you must have lived in New York for at least two years before your divorce.If you were married in New York state and you and your spouse lived together in the state, you must have lived there for at least one continuous year.You and your spouse must be able to show one continuous year of residence in New York state if you want to file for divorce other than “irretrievable breakdown”.If you are accusing of adultery, you must be able to show that the affair took place inside state lines.
Step 2: For divorce, choose your grounds.
In an expedited divorce where the parties agree on all terms, the most common legal reason is section 170(7) of the Domestic Relations law, which states the relationship between the spouses has broken down hopelessly for at least six months.adultery, imprisonment, legal separation for over a year, and abandonment are some of the grounds.Unless you and your spouse both agree to grounds such as admitted adultery or imprisonment, use the no-fault option.There is no need to place blame in public documents.Abandonment is one exception.It’s possible to get permission for service by publication if you’re accused of abandonment.New York’s grounds are very specific.To meet the standard, domestic violence must rise to the level of cruelty.The acts of cruel behavior can’t have happened more than five years ago.You will have to detail the acts with dates and places.If you want to argue specific grounds for your divorce, you should consult with a family law attorney to make sure you draft the petition with the level of detail required by the court.
Step 3: Prepare to pay the fees.
You can expect to pay around $350 in divorce fees, not including a process server.You have to be able to pay these fees at the time you file.If you are low income, you may be able to get some or all of the filing fees free.You have to file an Affidavit in Support of Application to Proceed as a Poor Person.The judge may ask for proof of income and expenses when reviewing your application.The judge will issue an order if your application is accepted and you won’t have to pay the filing fee.
Step 4: The requirements of the Uncontested Divorce Program should be reviewed.
If there are no children under the age of 21 born or adopted into the marriage and all property and debt division are agreed to, you can qualify for the expedited Uncontested Divorce Program.Only no-fault divorces, where the problems in the relationship have been ongoing for at least six months and cannot be reconciled, are eligible for this program.There are no accusations of fault.One party must be willing to take an oath to make up for the breakdown of the marriage.
Step 5: Take a look at your computer capabilities.
To use this program, you must have a computer with Microsoft Word.The printer must be attached to the computer.New York does not have an online filing option.
Step 6: The necessary information should be gathered.
There is a list of information you will need before you start.The names and contact information for the parties, the date and place of the marriage, and the settlement agreement are all straight forward.”Parties have separated the personal property and debts” is a statement that can be made in a settlement agreement.List the vehicles individually.For example, “Plaintiff will retain ownership of 2012 Toyota Camry, VIN #[number],” or “Defendant will keep the right to occupy the apartment located at [address].”If there is real estate, you need to know if it will be sold or kept.Equity buy-outs or agreements on mortgage payments are things to detail.The mortgage of the house located at the address will be assumed by thePlaintiff.The amount will be paid by the date.The necessary deed will be executed in favor of the person who paid.Even though you are using the Uncontested Divorce Program, consider consulting with an attorney to create the settlement agreement if there are any complicated issues such as investments and retirement accounts.It is possible to speed up the divorce through a little work.
Step 7: Determine if the spouses will return to their previous names.
If the wife or same-sex spouse adopted the other spouse’s name in the marriage, the divorce petition can be used to restore the unmarried name.If both parties legally changed their names, the same process can be used.The singular surname can be restored by the divorce.The form generator can be used to enter this information.
Step 8: Purchase an index number.
If you have your index number from the court, the preparation of your documents will be quicker.You can pay the fee to receive your index number if you file a summons and notice.You will have the fee waived when you file your application at this time.Even if another courthouse is close, you will still file at the courthouse where you live.
Step 9: The state program can be used to generate a divorce petition.
The state of New York and Legal Services have created an online program to create a court ready document package for uncontested divorces.One party can prepare the documents for the other to sign, or you can work on it together.The divorce package can be prepared by an attorney or document preparation service.For consultation and tailoring of the documents and services to meet your unique situation, you will not be paying for representation.
Step 10: Take a look at the documents and sign them.
Both parties must sign the documents after you have your divorce package.The petition needs to be signed by a person in blue ink to show that it is an original signature.Both signatures must be on the same divorce package to be signed by you and your spouse.
Step 11: The divorce package should be filed.
You can file your divorce documents in the state of New York.You will bring your summons, completed divorce forms, and your index number.All the documents should be brought with the original and two copies.The originals will be kept by the court and they will return two file- stamped copies to you.
Step 12: Determine if the process needs service.
The easiest way to speed your divorce through the court is for the other party to waive service.If your spouse doesn’t sign the affidavit, you will have to hire a process server to deliver the summons and complaint.An affidavit of service will be filed by the process server.It will cost between $50 and $100 for this service.
Step 13: You should put your divorce on the court calendar.
You can request an immediate calendar entry if your spouse has signed the Affidavit of Defendant.You will have to wait at least 40 days after the date of service to request a court date.Procedures vary from county to county.Some courthouses are more formal than others.You can schedule a hearing with an oral request if you speak with the court clerk.
Step 14: Receive your decision.
You may or may not have to appear in court.If there is a requirement for you to appear, ask the court clerk.In the more populous counties, most courts will grant your divorce by signature.You will receive a postcard from your divorce package if this is the case.You can pick up the decree at the court clerk’s office.You will pay around $10 if you bring your identification.If you have an order waiving your fees, you should bring a copy with you.You can give a copy to your spouse.Changing your name on documents is now possible.
Step 15: The divorce is not contentious.
Children are involved in New York legal procedures.Before you begin to prepare the mountain of forms, it is best for you and your spouse to agree on issues of property, custody, and visitation.A memo that you and your spouse both sign and date is a good way to summarize your agreement.Arguments may be prevented further into the procedure.
Step 16: The legal forms should be reviewed.
In New York, there are 17 forms that need to be filled out.The forms can be downloaded as Microsoft Word documents or.PDF files.The instructions book details how to fill out the forms.One or both spouses can choose to be restored to an unmarried surname if you complete the forms.This includes couples who legally changed their names after they married.Driver’s licenses, social security cards, and voter registration can be renewed after a divorce decree.The law doesn’t stop you from having help, either your spouse, someone else, or a paid preparer, to complete the divorce package.Black ink is used to type or print the forms.The forms can be copied and scanned clearly.
Step 17: The child support worksheet requires you to complete it.
If you and your spouse agree to a different amount, you have to complete a completed form to show what the payment would be under the law.On a showing that there will be adequate support for the children, the judge will deviate from the presumptive amount.The Medical Support Order must be completed in order for the parents to enroll their children in employer health care.You can estimate your spouse’s income and expenses, exchange it with each of you filling out your part, or you can do it alone.If you estimate it, your spouse can contest the amount and delay the divorce.It is better to work together.
Step 18: Make sure to sign and notarize the documents.
Some of the documents require you to sign them in front of a public official.There are places for your spouse to sign the divorce papers.To identify the original documents, sign the documents in blue even though they were prepared in black ink.
Step 19: Do you need service before you file?
If the defendants are willing to waive service and accept the summons and complaint, the divorce with children can be expedited.Your spouse can sign the affidavit to waive service.If your spouse doesn’t sign the affidavit, you will have to hire a process server to deliver the divorce package and file an Affidavit of Service.The length of the divorce procedure will be increased by 40 days.
Step 20: You should file for an index number.
Even if another courthouse is closer, you can file the forms at the courthouse in the county where you live.At this time, you can either pay the filing fees or apply for the waiving of them.Take the originals and two copies.Each of you will get a file- stamped copy of the originals from the court.
Step 21: Receive your divorce decree.
If there is a requirement for you to appear, ask the court clerk.You may or may not have to be present in court for hearings on uncontested divorces depending on the county of filing.If divorce is granted by signature, you will receive a pre-filled postcard from your divorce package in the mail.You can pick up your divorce decree at the court clerk’s office.You will pay around $10 if you bring your identification.If you have an order waiving your fees, you should bring a copy with you.You can give a copy to your spouse.Changing your name on documents is one of the things you can do now.