how to apply for a divorce in nyc

How long does it take to get a divorce in New York City?

Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York doesn’t have a waiting period, a divorce that both parties agree on takes roughly 3 months.

How do I file for divorce in NY without a lawyer?

Yes, it’s possible to get a divorce in New York State without going to court — no matter if your divorce is contested or uncontested. In a contested divorce, you can avoid going to court by hiring an arbitrator or mediator to help you and your spouse come to an agreement on the terms of your divorce.

Where do you file for divorce in NYC?

Residency and Where to File

  • To file for divorce in New York, one of the following situations must exist:
  • You may file in the Supreme Court in the county where either party resides.
  • The simplest procedure is an uncontested divorce, where you and your spouse reach an agreement.

How do I start the divorce process in NY?

Uncontested Divorce Overview

  1. STEP 1: Filing. A divorce case is started when a “Summons With Notice” or “Summons and Complaint” are filed with the County Clerk’s Office. …
  2. STEP 2: Serving the Defendant. …
  3. STEP 3: Defendant’s Response. …
  4. STEP 4: Calendaring. …
  5. STEP 5: Judgment.

What is a wife entitled to in a divorce in New York?

What Am I Entitled to in a Divorce in NY? Under New York’s equitable distribution laws, only your “marital property” will be divided during a divorce. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

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Do you need a lawyer to get a divorce in NY?

Because divorce law can be complicated, you should meet with a lawyer — even if you think your divorce will be uncontested. If you and your spouse have resolved all financial and parenting issues, and you do not have a lawyer, you can use the free Uncontested Divorce Forms Packet.

How much does it cost to file a divorce in NY?

The cost of getting a divorce in New York depends on whether you decide to have an attorney and how complicated your divorce is. The initial filing fee to get a divorce in New York is $210 (as of 2020). There are also additional costs like notary services and mailing fees as the process goes on.

What are grounds for divorce in New York?

The grounds for divorce in New York are: (1) Cruel & inhuman treatment; (2) the abandonment of the Plaintiff by the Defendant for a period of one or more years; (3) the confinement of the Defendant in prison for a period of three or more consecutive years after the marriage; (4) the commission of adultery voluntarily …

How can I start the divorce process?

STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.

Do you have to be separated for a year to get a divorce in NY?

It is a common misconception that married couples must be legally separated before they may be granted a divorce from the New York State Supreme Court. … Irretrievable Breakdown of the Relationship, as a ground for divorce, requires that the breakdown have persisted for at least six months.

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Can I file for divorce myself in NY?

Steps In A Do-It-Yourself Divorce in New York State. Verify that you qualify – To file for a divorce in the state of New York, you or your spouse must be a resident of the state for at least a year. … To avoid having your petition for divorce discarded outright, make sure you meet residency requirements.

Can you file for divorce online in NY?

The County Clerk’s Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.

Who gets the house in a divorce in New York?

Equitable distribution of marital property

The New York Domestic Relations Law says that all property and assets acquired during a marriage are marital property, regardless of whether the property is held in the names of both spouses and in the name of one spouse.

Does it matter who files for divorce first in NY?

It generally does not matter who files first in a New York divorce case. The filing spouse does not get an advantage to “set the rules” of the divorce. New York courts apply principles that do not favor one party over the other.

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