Divorce Guide

Divorce Guide

Getting New York Divorce

Getting New York divorce requires divorcing couples to prove the grounds for divorce. The state has nothing called as no-fault divorce. In order to get a quick and uncomplicated divorce, spouses must execute a separation agreement. The state also has some defined rules and regulations that must be followed in order to get a divorce.

Residential Requirements:

For getting New York divorce, either of the couples must satisfy the residency requirements.

  • The marriage must be performed in New York and either of the spouses must have resided in the state for at least one year prior to the commencement of the action or
  • The couple must have resided in the state as husband and wife for a continuous period of one year before starting the action or
  • The grounds for divorce occurred in this state and either of the party is a resident of NY for at least one year before commencement of the action or
  • If couples were married outside NY and the grounds of divorce had not occurred in the state then both of them must be a resident of New York for not less than 2 years.

Grounds for Divorce in New York

To get a divorce in this state one must prove faults of the other party. The fault grounds for divorce include cruel and inhuman treatment, physical and mental abuse, abandonment for a period not less than one year, confinement in prison for three or more consecutive years after marriage, and adultery. If divorcing couples wants a fast and hassle free divorce they can undergo a decree or judgment of separation. According to this, the husband and wife must reside separate and apart for a minimum period of one year after the judgment gets granted. They are also required to provide proof of such a separation.

Getting New York Divorce

  1. Satisfy residency requirement of the state. This is the primary requirement that any divorcing party needs to fulfill.
  2. Prove grounds for divorce. All the grounds for divorce in New York are discussed above.
  3. The New York state Unified Court System provides forms for divorce online. Download these forms along with instructions to fill them. Select forms specific to your divorce. There are different forms for couples having children and the ones who donít. You can file divorce papers by yourself if your divorce is uncontested.
  4. Complete divorce forms as per instructions. Get them signed and file them with your county court clerk. You are also required to pay a certain amount as a filing fee.
  5. Within 60 to 90 days of filing the forms you will receive a notice of your divorce judgment. Obtain a signed copy of the same from your county clerk.
  6. Complete the ďnotice of entryĒ form. Serve copies to the court and your spouse.
  7. In case your divorce is contested, itís better to seek legal advice. Hire a lawyer if you think you canít handle the complexities of legal procedures.

Getting New York divorce is a time taking process. More the differences between you and your spouse over divorcing elements, more time will be required to resolve the case. So try and settle out divorce issues as far as possible to get a hassle free divorce.

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