Do you want to know how to file for divorce in New York?
New York was the latest state in the US to legalize “no-fault” divorce. This occurred in 2010. A “no-fault divorce” indicates that a divorce may be granted even if neither spouse is found to be at fault. This contrasts from “uncontested divorce” in that uncontested divorce is not concerned with blame, but rather with both spouses agreeing on the framework of their separation (that is, assets, property, child custody, and the like).
Instructions and assistance for both no-fault and uncontested divorce are provided here.
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New York Uncontested Divorce
In New York, an uncontested divorce occurs when both spouses wish to separate and agree totally on the split of money and/or children. In most circumstances, if the couple already has children, a court order dictating the child’s placement already exists. If you and your spouse agree on the terms of your divorce, consider utilizing Generis Global simple interview methods to complete the Divorce Settlement Agreement. A Divorce Settlement Agreement may assist both parties define their goals in preparation for the rest of the process, as well as outline the split of property, debts, and assets.
Keep in mind that any arrangement that the Court finds to be unjust or unreasonable may be dismissed. For example, New York has tight guidelines for dividing assets and debts fairly. Regardless of whether both parties have agreed to forgo spousal support or maintenance payments, the Court may order spousal support if there is a gap in the earning or earning potential of the spouses. Please check the Divorce Resources section of the New York State Unified Court System for comprehensive and extensive information on how to petition for an uncontested divorce.
Instructions for Filing for Divorce in New York:
The Summons and Complaint or Summons with Notice is filed with the county clerk by the Plaintiff. The plaintiff must purchase an Index Number ($210) throughout the filing procedure.
The Summons is then served on the defendant within 120 days of it being filed at the county clerk’s office.
If both parties submit a Notice of No Necessity, the Plaintiff has 120 days to file the Request for Judicial Intervention. (RJI). If neither party files the Notice of No Necessity, the Plaintiff has 45 days to submit the RJI.
The plaintiff and defendant must then exchange the Net Worth Statement. This must be submitted at least 10 days before the preliminary conference.
A preliminary conference must be convened within 45 days after the RJI’s assignment, and both parties must be present.
Following this meeting, a compliance meeting must be planned. Unless the court orders differently, both parties must be present. The court, however, may decide that the compliance meeting is unnecessary.
A Notice of Issue must then be filed, and a trial date must be set. The trial date should be scheduled no later than six months after the preliminary conference.
The deposition and post-judgment proceedings begin here. A settlement should be reached, or if the divorce is strenuously challenged by either the plaintiff or the defendant, the case should be tried.
If the matter gets to trial, the process may be lengthy and emotionally draining. The final judgment will govern how the plaintiff and defendant conduct their post-judgment actions, whereas the settlement will govern the divorce grounds and agreements.
The New York State Uncontested Divorce paperwork Packet Instructions and the New York State Contested Divorce Flowchart are two more resources that might assist you decide which paperwork to fill out or file. Please keep in mind that this is just a general overview of divorce in New York. However, after the Summons papers are served and received, several other forms may need to be filled out based on the case, children, property, and other issues.
You will get a Certificate of Dissolution of Marriage after all of the relevant paperwork have been completed and submitted. Fill out the Case Registry Filing Form for New York State. You must complete a UCS Child Support Summary Form if you have minor children.
