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How to File for Divorce in New York

Divorce is a difficult time where support means everything.

When you’re unsure of how to navigate the situation of divorce, going through with filing is complicated and uncomfortable when you’re doing it alone.

Filing for divorce in New York may be especially stressful because there are so many lawyers that you have around you to choose from.

While every divorce attorney is vying for your attention, you should choose one that is fully prepared to handle any situation, and that you trust with your future.

30 years of experience, compassion, and trust have molded The Law Offices of Karl Brodzansky to the professional and prestigious law firm they are today.

If you’re in need of a caring and reputable divorce lawyer in NY, The Law Offices of Karl Brodzansky is the firm that you should contact today.

How to File for Divorce New York

Instead of browsing the web and searching through numerous documents to find the answers you need on how to file for divorce in NY, we’re going to break it down for you in simple matters.

#1. Proof of NY Residency

When you’re filing for divorce in NY, you must show that either you or your spouse have resided in the state of New York for at least one year before filing.

#2. Identify the Reason for Divorce

After proving your residency, you have to identify the reasons for getting a divorce.

In New York, there are seven reasons where you can legally ask for a divorce:

  • No Fault Divorce: When the relationship has been deteriorating for at least 6 months,

  • Abuse: A spouse is unsafe to continue living with their partner because of cruel treatment,

  • Abandonment: Spouse abandonment for at least 1 year. The plaintiff has to prove that their significant other has left them for at least 12 months in this case.

  • Adultery: Spouse committed adultery during the marriage,

  • Imprisonment: Spouse was imprisoned for 3+ years in a row during the marriage,

  • Separation: Spouses must live apart for 1 year after filing a separation agreement,

  • Separation by Court: Court rules a separation where the spouses must live apart for at least 1 year.

If a spouse calls for a divorce under any of these conditions, they can move onto filling out uncontested divorce forms.

#3. Uncontested Divorce Forms

A divorce is considered uncontested if:

  • You and your spouse agree to the terms of divorce, or

  • A spouse fails to respond to your request

Filling out uncontested divorce forms requires this information:

  • Name and address,

  • Copy of your marriage certificate,

  • Any agreements that you and your spouse have reached,

  • List of properties that you and your spouse own together or separately,

  • List of debts that you have incurred with your spouse,

  • Copy of any Orders of Protection – if necessary

If your divorce happens to be contested because your spouse is failing to cooperate with anything in your divorce papers, the court will have to get involved in order to make decisions on any disagreements.

#4. Fill Out & File Forms

There are various forms that New York courts require divorce parties to fill out and they vary if children are involved or not.

If you need assistance filling out any forms or need further information, contact Karl Brodzansky and he will make sure that your forms are good to be filed to the state of New York.

After ensuring that your forms are correct, you need to file a Summons and Complaint with your county’s clerk office.

#5. Serve Papers to Spouse

You have to deliver the divorce papers to your spouse in person within 120 days of filing for divorce.

While you can’t serve the papers personally, a NY resident who is over the age of 18 must serve your spouse with the divorce documents.

#6. Get a Response from Spouse

Your spouse must return the completed paperwork to you within 40 days of receiving the forms, if they agree to the divorce. If your spouse doesn’t respond within the 40-day time period, they have defaulted.

The situation will be deemed a contested divorce if your spouse disagrees to anything in the divorce documents.

#7. Book a Date in Court

Whether your spouse agrees or fails to respond to your divorce request, you must go to the court to get your case on their calendar.

If you’re having difficulty throughout any of these seven steps, you may want to contact The Law Offices of Karl Brodzansky to ensure that you’re properly going through the motions of filing for divorce.

How to File for a Divorce in New York

Various factors come into play when you choose to file for divorce and navigating them on your own can be difficult.

Divorce can be very emotional and instead of worrying about filing, trust Karl Brodzansky’s experience to help you get through it as seamlessly as possible.

The Law Offices of Karl Brodzansky will find a solution that suits you best at a time when you need it most.

For more information on what we can do, contact our offices.


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