How to File For Divorce in New York
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- OFFICIAL -

HOW TO FILE FOR DIVORCE IN NEW YORK

- STEP BY STEP GUIDE -

STEP 1 - 2 ways to download the required New York divorce papers:

Option A - BLANK NEW YORK DIVORCE PAPERS

Option B - HAVE DIVORCE PAPERS FILLED IN FOR YOU!

  • $299 Professional Service

STEP 2 - The Spouse that has decided to file for divorce must complete the following forms and be sure to have them filed with the Circuit Court Clerk's Office in the County where you reside:

  • Summons
  • Verified Complaint

While at the clerk's office, purchase an index number and put the date of filing and index number on the copies of the Summons and Verified Complaint.

STEP 3 - You may not personally serve your spouse the following forms:

  • Summons
  • Verified Complaint
  • Affidavit of Defendant
  • Child Support Standards Chart (*if minor children)

but you can hire a service to do this on your behalf. Find Process Servers in New York here.

STEP 4 - You must get the Affidavit of Defendant completed back from your spouse. If, after 40 days, the other spouse does not return a completed Affidavit of Defendant then you will have to file the Affidavit of Service to the court and serve your spouse, if you were married in a religious institution, the Sworn Statement of Removal of Barriers to Remarriage.

 

REQUIREMENTS

  • Either party must be a resident for at least 1 year.
  • The only cause for divorce is 'Irretrievable Breakdown for at least 6 months'.

HOW LONG DOES IT TAKE?

  • A divorce in New York takes a minimum of 4 months

STEP 5 - You are now eligible to request for a court hearing date (or the Judge may sign your Judgment of Divorce without a hearing). You will have to meet with your spouse to negotiate and complete the following forms and file them with the clerk's office.

  • Affidavit of Regularity
  • Affidavit of Plaintiff
  • Child Support Worksheet (*If minor children)
  • Findings of Fact
  • Judgment of Divorce
  • Judicial Information Form (*If Outside NYC)
  • Note of Issue
  • Part 130 Certification
  • Qualified Medical Child Support Order
  • Separation Agreement
  • Support Collection Unit Information Sheet

STEP 6 - You will either hear from the clerk's office stating that your divorce is final and your Judgment of Divorce will be in the mail or if you have a court hearing date. If you have a court hearing date, be sure to attend with all your papers. Once the Judge signs the Judgment of Divorce your marriage has been dissolved in the State of New York.

 

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