If you're considering filing for divorce in New York, you're not alone. The state has specific requirements and procedures outlined below which must be met:
1. Meet Residency Requirements: Before filing for divorce in New York, you or your spouse must meet the residency requirements. Either you or your spouse must have lived in the state for at least two continuous years before filing. Alternatively, you can file for divorce if you or your spouse has lived in New York for at least one continuous year and:
o You got married in New York.
o You lived in New York as a married couple.
o The grounds for your divorce occurred in New York.
2. Choose Grounds for Divorce: New York offers both fault and no-fault grounds for divorce. No-fault divorce is the most common option, where you assert that the marriage has irretrievably broken down for at least six months.
3. Prepare Necessary Forms: The next step is to prepare the necessary forms for filing. In New York, you'll typically need to fill out forms such as the Summons with Notice or the Summons and Verified Complaint. These forms should be prepared by your attorney.
4. File the Forms with the Court: Once you've completed the required forms, you'll need to file them with the appropriate county clerk's office. There will be a filing fee, which varies by county.
5. Serve Your Spouse: After filing the forms, you must serve them to your spouse. This can be done through personal delivery by a third party over the age of 18. Proper service is crucial to ensure that your spouse has been officially notified of the divorce proceedings.
6. Negotiate Settlement or Attend Court Hearings: If you and your spouse can agree on the terms of the divorce, such as asset division, child custody, and support arrangements, you can submit a written agreement to the court for approval. If there are unresolved issues, you may need to attend court hearings where a judge will make decisions on these matters.
7. Finalize the Divorce: Once all issues have been resolved and approved by the court, you'll receive a Judgment of Divorce, officially ending your marriage. It is important to keep in mind that the process can vary depending on the complexity of your case and whether there are any contested issues.