Divorce Guide

Divorce Guide

Getting a divorce in NY

Getting a divorce in NY is an easy process. New York divorce court helps the parties to get divorced and deal with the family issues taking place. The divorce cases are mostly handled by the Supreme Court of New York City.

There are certain requirements and grounds mentioned in New York law that you should fulfill before filing. You must meet the residency requirements for the court to accept your case. You must be living in New York for at least one year. But if you were married outside New York, then you must live in the state for at least two years before filing the petition.

There are two types of grounds for filing divorce, fault and no-fault ground. New York City considers six grounds for divorce; out of which four grounds are on fault divorce, and remaining on no-fault divorce. The grounds for fault divorce include:

  • Adultery
  • Cruelty
  • Imprisonment
  • Abandonment for at least one year

Even if both the parties decide to file for uncontested divorce, they have to mention any one of the grounds. Without proper grounds, New York divorce court will reject your case.

New York divorce case considers the issues related to family law. It includes alimony, property division, and child custody and child support and debt payment.

  • Alimony: The court undertakes factors like standard of income and earning capacity of the spouses before it makes the decision on alimony for granting the financial support to the spouse.
  • Child custody: It is an issue considered as a priority by the court. Factors like parenting plans, education, health issues and visitation are discussed.
  • Child support: It includes the factors that provide financial support to the child, once the parents get divorced. Factors like income of parents, standard of living of the parties and emotional needs of the family are involved.
  • Property division and debt payment: New York law believes in equity distribution. It makes the list of the assets and financial property and divides them among the parties equally. Even issues related to debt are divided as per the court finds it fit.

Process for Getting a Divorce in NY

The process of getting the divorce in any state starts when a petition is filed and ends when one divorce certificate is received.

  • Before filing for petition, residential requirements and grounds mentioned by the law should be fulfilled. Once you fulfill these requirements, file for the petition.
  • Make sure that along with the petition, few other documents like marriage certificate, address proof and proof of grounds on which divorce is filed should also be mentioned. Pay necessary filing fees.
  • Make copies of the petition. File one copy with the court and serve other copy with the spouse, and wait for his/her response. Once you get the response, you will need to file certain forms with the court clerk.
  • Once the court clerk gets the forms, your divorce hearing will be scheduled. Once the court makes the decision, a judgment will be signed by the judge stating that divorce is granted.

Getting a divorce in NY is easy as long as the residential requirements are met and the spouses mutually agree to the divorce issues.

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