What do I need to get divorced in New York?
1.- What do I need to get a divorce in New York?
To get a divorce in New York, you need to have one of the 7 grounds for divorce, and have lived in New York for a period established by law, this is called the residency requirement.
2.- What are the requirements to get divorced in New York?
• Either spouse has lived in this state for at least two years immediately before you file for divorce;
• Both spouses live in New York at the time of filing for divorce and the cause of the divorce occurred in New York; either
• Either spouse has lived in New York for at least one year immediately before filing for divorce and:Your marriage took place in New York;
• Both spouses lived in New York during their marriage; either
• The cause of the divorce occurred in New York.
3.- What are the 7 grounds for divorce in New York?
• You can file for a “no-fault” divorce if, according to either spouse, the marriage has been “irretrievably broken down” for a period of at least 6 months. It is not necessary that the spouses live apart for 6 months, it must only be claimed that the marriage has been completely broken during the last 6 months.
• Cruel and inhumane treatment –
• Abandonment – It is necessary that your spouse had abandoned for a minimum period of one year.
• Three consecutive years in prison – Your spouse must be incarcerated for three consecutive years or more which began after your marriage.
• Adultery –
• Judgment of Separation: You and your spouse have not lived together due to a "Decree of Separation" or "Judgment of Separation", issued by the Court, for at least one year.
• Divorce after a legal separation agreement –
4.- Who can request a divorce?
If the reason for the divorce is that the marriage has been completely broken up during the last 6 months, then either spouse can ask for a divorce.
If the reason for the divorce is the fault of the other spouse, then only the aggrieved spouse can ask for a divorce.
5.- Do I need to have a lawyer to get a divorce in New York?
You can fill out the forms to get divorced in New York without having a lawyer.
It is not mandatory to have a lawyer.
However, an attorney can help you get the best results from a divorce.
5.- What is the best way to get a divorce?
The best way to get divorced in New York is on the basis of irretrievable breakdown, sometimes called a "no-fault" divorce.
With this ground for divorce it is not necessary for the spouses to prove to the court that the other spouse was at fault.
6.- How can I make my divorce as easy as possible?
If you and your spouse can agree on how to divide the property, pay support, and settle any debts, you won't need proof, which takes much longer and usually costs you more money.
7.- Where do I go to get a divorce?
You must go to the New York State Supreme Court in your county. All divorces in New York State are handled in the County Supreme Courts.
8.- What are the steps for a divorce?
• First, you will have to file the divorce petition and someone has to serve copies of the papers to her husband.
• In the event that your spouse does not agree with what is said in the divorce papers that you sent them, they will have the opportunity to file their own petition within 20 days and thus have the opportunity to present the papers from your point of view. This is what is referred to as a "contested divorce."
• If one spouse does not contest the divorce, the court will consider that spouse to have agreed to everything requested by the other spouse in the divorce petition.
• In the process, up to three hearings can be held with the judge, at the final hearing the judge issues a decision.
9.- Can I appeal the judge's decision?
In New York, you will be able to appeal a judge's decision in a divorce.
You will have 30 days to appeal the decision.
10.- How long will my divorce take?
If both spouses agree, the time that a divorce process can take in New York is six months. In cases where there is no agreement, the time that a divorce can take is several years.
11.- How much is the processing fee in court?
You can pay a total fee of $335 for a divorce.
But, if your divorce is contested, you will have to pay additional fees.
12.- How much will the divorce cost me?
Lawyers usually charge depending on how much the spouses fight in court.
A divorce in which the spouses reach an agreement can cost between one and two thousand dollars.
A contested divorce can cost thousands of dollars.
There are also companies in New York that can help you fill out divorce forms for a cost of $499.