Going through a divorce can be an overwhelming experience. Even when you assume the divorce will be uncontested, the process goes beyond choosing to terminate the marriage. Because of this complexity, working with a seasoned divorce lawyer is always crucial. Understanding the steps involved in a New York divorce is also advisable to know what’s in store for you. Even though each divorce case is different, the divorce process in New York follows the same procedure outlined below.
Confirm That You Meet the Residency Requirements
There are specific residency requirements you need to have met for a New York court to handle your case. Before filing for divorce, one of the following requirements must be true:
- Either you or your spouse has been a resident of New York for at least one year.
- You were married in New York, and at least one spouse has lived in the state for at least one year.
- You lived together as a married couple in New York, and at least one spouse has resided in the state for at least one year.
- The grounds for your divorce occurred in New York, and at least one spouse has lived in the state for at least one year at the time of filing for divorce.
Understand the Grounds for Divorce in New York
In addition to meeting residency requirements, you must also provide reasons for seeking a divorce. New York recognizes seven grounds for divorce, which include:
- The relationship has been irretrievably broken for at least six months (commonly known as no-fault divorce).
- Cruel treatment, where one spouse is in emotional or physical danger, making it unsafe to continue living together. Gambling with your marital assets is also considered cruel treatment.
- Abandonment is when one spouse has left the other for at least one year. Another option is constructive abandonment, where the defendant has continuously and intentionally refused to have sexual relations with the plaintiff for a year. This refusal must be without justification, deliberate, and persistent, even after repeated attempts by the plaintiff to resume intimacy.
- Adultery was committed during the marriage.
- One spouse has been imprisoned for three or more consecutive years after the marriage began.
- Separation, where the spouses sign and file a separation agreement and live apart for one year.
- A court-issued separation judgment, with each living apart for one year.
Once you meet residency requirements and have a legally valid reason for divorce, you can begin with the following steps.
Step 1: File the Summons
The person seeking the divorce (plaintiff) must file a “Summons with Notice” with the county clerk’s office. You will be required to pay a filing fee. However, in case of financial hardship, you can apply for a fee waiver. The clerk can give you more information about this. When filing, you’ll need to provide your legal name, address, a copy of the marriage certificate, a settlement agreement, a list of assets between you two, whether owned jointly or separately, and any protection orders.
Step 2: Serving the Divorce
The other spouse is called the defendant and must be served with the divorce papers within 120 days after filing. You can’t personally serve the defendant with the divorce papers if you’re the plaintiff. You need to get someone else to do it. This can be anyone as long as they’re over 18 years old and a New York resident. The service must also be personal, which means personally handing the papers to the defendant.
In case the defendant is in another state, the person serving the papers must be legally authorized to do so in that state. It’s crucial to ensure the defendant has been adequately notified so they have a chance to respond. If you cannot locate your spouse, you can request the court’s permission to use alternative service methods, such as publishing a notice in a newspaper.
Step 3: The Defendant’s Response
The defendant has 20 days to respond to the divorce sermons and 30 days if they’re out of state. If your spouse agrees to the divorce, they must return a completed form to you within 40 days of receiving the papers. This is an uncontested divorce, meaning the defendant has agreed to all legal matters raised, including alimony, child support and custody, and division of property. An uncontested divorce is often quicker because it involves both parties compromising.
If they don’t respond, it means they have defaulted. However, if your spouse submits an answer disputing anything in your divorce papers, the divorce becomes contested. In such a case, the court will have to decide on several legal issues like division of property and alimony.
Step 4: Get Your Case on the Court’s Calendar
In cases where your spouse defaults or agrees to the divorce, you’ll proceed to get your case on the court’s calendar. This might require filing out more forms like a sworn statement of removal of barriers to remarriage and a child support worksheet. Once you complete all the forms, file them with the clerk. The judge will then issue a divorce judgment after approval.
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Seeking Legal Help With a Divorce
While these are simply four steps, they’re often very complex, and that’s why you need to hire a divorce attorney, whether the divorce is contested or uncontested. In an uncontested divorce, you’ll still need a lawyer to look at the terms of the divorce. This way, you ensure your interests are protected.
Contested divorces take longer because most couples don’t agree on various issues like alimony, child support, and division of marital property. Your attorney will represent you in court and fight for your rights. Even if you don’t go to court and choose mediation, have a lawyer with you to represent your interests.
The skilled attorneys at Stone Studin Young Nigro Law Group can help you navigate the divorce process. Whether it’s a contested divorce or not, or you’re the plaintiff or the defendant, we are ready to handle your case. Contact us today, and let us walk with you during this period.
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