Considering a Divorce In New York?
TO RECAP:
- YOU NEED A REASON
- YOU HAVE TO HAVE TIES TO NY
- YOU HAVE TO FILE AND SERVE YOUR SPOUSE
- YOUR DIVORCE WILL EITHER BE CONTESTED OR UNCONTESTED
- ONCE FILED, AND ALL ASPECTS OF THE DIVORCE ARE AGREED UPON OR RULED UPON, THE COURT WILL ISSUE A JUDGMENT OF DIVORCE.
Free Download!
This infographic on basic steps to getting a divorce in New York is available as a free download!
We know that the process is never as simple as it seems and here for some, it can seem complicated. Our goal is not to provide a one size fits all solution - every divorce is different!
We created this graphic to familiarize people who may be contemplating divorce with some of the things they may need to know as they make the decisions needed in order to decide whether to end their marriage.
In order to get a divorce in New York, the Court must have jurisdiction over the marriage.
You need a reason to get Divorced in New York
(GROUNDS)
Irretrievable breakdown in the relationship for a period of at least 6 months is a very common ground.
Cruel & Inhuman Treatment, Abandonment, Extended Imprisonment & Adultery are also grounds.
A Divorce is either Contested or Uncontested in New York
If your spouse does not answer or agrees to the divorce and on ALL terms, then your divorce is UNCONTESTED. If your spouse does not agree on the terms of the divorce or will not agree to the divorce in writing, your divorce is CONTESTED.
You have to have ties to New York in order to get divorced (Jurisdiction)
In order to file for divorce in New York:
Either you or your spouse has to have been living in New York State continuously for at least two years before the divorce case is started;
Either you or your spouse has to have been living in New York State continuously for at least one year before the divorce case is started and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State;
Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce have to have happened in New York State.
My Divorce is over aka
"Congrats, you are single!"
The case will be disposed of by either a Settlement or a Trial/Inquest. Once that is done, a packet of documents are filed and after a period of time, the Court issue a JUDGMENT OF DIVORCE.
In order to get a Divorce in New York, you have to file papers at the Courthouse and then serve your spouse.
Once, you file, you have to serve your spouse with the Divorce Papers. They will either answer or not answer, which is called a default.
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