An Overview Of Filing For Divorce In New York
Divorce is often a painful and overwhelming process. Therefore, it is critical to understand the procedure well enough to make it as short and painless as possible. This article overviews everything you need to know about filing for divorce in New York State, including:
- The legal grounds to proceed with filing.
- The documentation that must be submitted.
- How long the process can take.
How Do I File For Divorce In New York?
If filing for divorce in New York State, you must first file a summons in the New York Supreme Court. This may either be a summons and complaint or a summons with notice. In doing so, you will have to pay a filing fee. After filing the summons, you must serve the papers within a certain period to the other party.
What Are The Grounds For Filing Divorce In New York State?
If filing for divorce in New York State, you may cite the following grounds as the basis for your legal action.
- Cruel and inhuman treatment;
- Certain types of incarceration;
- Living apart under a Separation Agreement for at least one year.
More recently, the New York divorce law was amended to essentially allow for no-fault divorce. Citing this ground requires alleging the marriage has been irretrievably broken.
What Should I Do If My Spouse Served Me With Divorce Papers In New York State?
If you are served with divorce papers, your first step should be to answer them. Depending on how and where you are served will determine the amount of time you have to respond.
If you can afford it, retaining an attorney to represent you in the case may prove beneficial because it is often incredibly challenging to navigate a contested divorce on your own. However, whether an attorney will be necessary or not depends on specific circumstances.
For example, if you and your spouse agree to divorce and matters such as child custody or division of property can be arranged on your own, it will be an uncontested divorce. In these situations, the procedure dramatically changes so that it is simply a matter of processing the appropriate paperwork, rendering a lawyer unnecessary.
Does Adultery Factor Into Our New York Divorce?
Although adultery is technically a ground when filing for divorce in New York State, it is rarely, if ever, cited as the ground for divorce cases any longer. That being the case, it is not a consideration in divorce cases. In fact, adultery is actually a crime in New York but is not enforced.
Is There A Waiting Period For Divorce In New York?
There is no official waiting period for divorce in New York. However, the de facto waiting period is about a year since procedural matters take some time to play out. Even in an uncontested divorce, once all the papers are filed, it takes about six to eight months for the divorce to be signed off on by a judge.
How Quickly Can I Get Divorced In New York?
Uncontested divorces take about at least six to eight months for a judge to approve. That said, theoretically, the quickest you can get divorced is six to eight months after all the papers in an uncontested divorce are filed.
Bear in mind that this does not include the initial preparation of the papers, the service of the other spouse, or drafting all required documents after that. There are many of these when filing for divorce in New York State. This portion of the process can easily take a month.
For more information on Filing For Divorce In New York State, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.