Preparing for a marriage breakup can leave you feeling confused, but it is natural to get lots of questions regarding the full procedure. Our New York divorce attorneys are here in order to present clear answers regarding the procedure for submitting for a New York divorce.
Starting the Divorce Procedure
To initiate the divorce process, you’ll have to submit several important files to the court.
You Have to file the following records:
- “Summons With Notice” or the “Summons”
- Verified Complaint
When filing, you’ll have to declare that you fulfill the residency requirements for divorce in New York in addition to the grounds for divorce. The complexity of your situation will depend on if you’re filing for a contested or uncontested divorce. In either circumstance, it is always in your very best interest to talk with a New York divorce lawyer.
Residency requirements for divorce
To satisfy the residency requirements, among the following should apply:
- You or your partner have lived in New York always for at least two years before filing for divorce.
- You or your partner have lived in New York always for at least one year before filing for divorce.
- You and your partner are New York State residents on the day that your divorce starts, as well as the reasons for divorce, occurred in New York.
These can be a fault or no-fault based. In New York, demonstrating fault grounds for a divorce isn’t required. If submitting under fault-based grounds, signs of this fault will have to be revealed in order for it to be comprehended.
- Irretrievable breakdown of a relationship for a minimum period of six months
- Cruel or inhumane treatment
- Divorce after legal separation
- Divorce after a verdict of separation
Submitting Your Documents
When you’ve filled out the essential paperwork with the court, then you’ll have to create two extra copies for you and your partner. Then you’ll have to draw the forms into a county clerk’s office and document them in addition to cover the filing fee.
Furthermore, the form of your partner’s answer to the divorce ought to be included.