How to Apply for Divorce in New York

1. How to Apply for Divorce in New York Applying for Divorce in New York: A Step-by-Step Guide Divorce, also known as dissolution of marriage, can be a complex and emotional process. If you're considering filing for divorce in New York, it's important to understand the steps involved. Here's a step-by-step guide to help you navigate the process: 1. Meet Residency Requirements: • meet the residency requirements. To file for divorce in New York, either you or your spouse must • two continuous years before the divorce case is filed, or You or your spouse must have been living in New York for at least • one year before the divorce case is filed and either You or your spouse must have been living in New York for at least • you got married in New York, or • you lived in New York as a married couple, or • the grounds for your divorce happened in New York. 2. Determine Grounds for Divorce: • New York allows for both fault and no-fault grounds for divorce. • for a period of at least six months. No-fault grounds require the marriage to be irretrievably broken • abandonment, imprisonment, and adultery. Fault-based grounds include cruel and inhuman treatment, 3. Prepare Divorce Papers: • Unified Court System or consult with a lawyer. Obtain the necessary forms for divorce from the New York State

2. • and Affidavit of Service. Fill out the required forms, including the Summons, Complaint, 4. File Divorce Papers: • the county where either you or your spouse resides. File the completed divorce papers with the appropriate court in • income. Pay the filing fee unless you qualify for a fee waiver based on your 5. Serve Your Spouse: • Serve a copy of the filed divorce papers to your spouse. • by hiring a professional process server. Service can be done through personal delivery, certified mail, or 6. Wait for Response: • divorce papers once served. Your spouse has a specific amount of time to respond to the • an uncontested divorce. If your spouse does not respond, you may be able to proceed with 7. Negotiate Settlement (Optional): • the divorce, including division of assets, child custody, and support. Work with your spouse to negotiate and agree on the terms of • the court for approval. If you reach a settlement, you can submit a written agreement to 8. Attend Court Hearings: • may need to attend court hearings to resolve these matters. If your divorce is contested or if there are unresolved issues, you

3. • class if you have children. The court may also require you to attend a parenting education 9. Finalize the Divorce: • of divorce. Once all issues are resolved, the court will issue a final judgment • judge and filed with the court clerk. The divorce becomes final after the judgment is signed by the 10. Follow Court Orders: • including any orders for child support, custody, or visitation. Both parties must comply with the terms of the divorce judgment, Navigating the divorce process can be challenging, both emotionally and legally. It's advisable to seek the guidance of an experienced family law attorney to ensure your rights are protected and that the process goes as smoothly as possible.