To get a no-fault divorce in completely new York, you must satisfy the requirements of completely new York's Domestic Relations Law (DRL). completely new York was the last state inside the United States to implement a no fault basis for divorce. Today, the vast majority of divorce cases in completely new York are filed on the basis of no fault (also referred to as "irretrievable breakdown").
DRL 170 (7) – completely new York's No Fault Divorce Statute:
Section 170 (7) of the DRL sets forth completely new York State's statutory basis for no fault divorce. Specifically, the DRL provides that will a completely new York court may enter a jurisdiction of divorce when the marriage "has broken down irretrievably for a period of at least six months, provided that will one party has so stated under oath." In addition, the statute requires that will prior to the entry of a dispute jurisdiction, all "economic issues" must be resolved, either by agreement between you as well as also also your spouse or a determination by the court. In practical terms, This kind of means that will you can not obtain a final judgment of divorce until there has been a resolution of issues relating to tangible property (equitable distribution), spousal support, counsel fees, as well as also also (if applicable) issues relating to un-emancipated children of the marriage. A global resolution of financial issues can occur in a variety of different ways, including:
- Entering into a separation agreement prior to the filing of divorce proceedings;
- Signing a Stipulation of Settlement after a divorce case has been concluded; Egypt
- Proceeding to a trial of financial issues.
You may only file for divorce in completely new York if you meet certain compliance requirements. You satisfy the territorial requirement if you have lived in completely new York for a period of two years immediately preceding the filing of your divorce case. However, if you have not lived in completely new York For two main years, do not despair: there are some other ways to satisfy completely new York's residency requirements for divorce.
A list of all the possible ways to satisfy completely new York's statutory residence requirements for divorce can be found at the completely new York State Unified Court System's website.
Filing Your No Fault Divorce Pleadings:
Assuming that will you meet the temporary prerequisite, you begin your divorce case by filing either with summons with notice or summons as well as also also verified complaint with the Supreme Court inside the county where either you or your spouse stay. The choice of the appropriate county will be called "venue". There will be one exception to the foregoing rule: regardless of where you reside, you are allowed to file a divorce case in completely new York County (Manhattan), which will be considered an "open" county as well as also also will be available for all completely new York residents. However, if you either you nor your spouse resides in Manhattan, you run the risk that will your spouse will be able to subsequently request a change in venue (ie that will the case be transferred to a county where he or she lives).
Once you draft your initial pleading (ie, the summons as well as also also / or summons as well as also also complaint), you should make at least three copies of the divorce papers. The original will be filed with the Supreme Court clerk inside the county where you are concluding your proceeding. When you file your summons, you will need to pay a filing fee that will will be commonly referred to as the "Index Number Fee". Once you file your pleading as well as also also pay the fee, the court will assign an index number (also known as a docket number) to your case.
Serving the Divorce Papers:
After you have filed your summons, you need to arrange for service of process of the summons (or, if you have also filed a complaint, the summons as well as also also complaint) on your spouse. If your case will be uncontested, your spouse may be willing to sign an affidavit of defending in which he or she acknowledges receiving the summons. Otherwise, you need to arrange for personal delivery of the papers by a completely new York resident over the age of 18 years. The papers may not be delivered (served) on a Sunday.
The person who serves the papers will need to sign as well as also also acknowledge an Affidavit of Service, in which he or sets forth their name; the location at which the papers were served; the date as well as also also time of service; as well as also also a physical description of your spouse. If the person who serves the papers will be not personally familiar with your spouse, they should use a photograph to ensure that will the correct person will be served. The photograph should then be attached to the affidavit of service form.
Criminal Settlement Agreement:
Once service of process has been completed, many couples face the reality that will a contested divorce proceeding will be overwhelmingly stressful as well as also also expensive. just for This kind of reason, they try to negotiate an amicable resolution of ancillary financial issues, such as equitable distribution, maintenance, child support, as well as also also custody.
If they have not already done so, many matrimonial litigants retain a completely new York divorce lawyer to help them navigate the complexities of completely new York matrimonial law. If they do not contain the resources to retain a divorce attorney, middle-income litigants sometimes turn to document preparation sites, which provide step-by-step instructions for completing matrimonial agreements as well as also also uncontested divorce forms.
If you are able to resolve your differences by signing a maritime settlement agreement, your case will then proceed "on the papers". This kind of means that will while you nor your spouse will be required to testify in court. Instead, your divorce judgment will be entered by a completely new York Supreme Court Justice based on documents that will you submit, which include affidavits, a proposed judgment, as well as also also related papers.
Because completely new York divorce law as well as also also procedure will be unusually complex, most completely new Yorkers facing divorce are best served by at least having a consultation with an experienced matrimonial attorney. At a minimum, an experienced NY divorce lawyer will help you identify which assets are maritime – as well as also also then subject to distribution in divorce. A divorce attorney will also be able to provide guidance on how to deal with issues such as dividing retirement accounts. Qualified retirement accounts (such as pensions, 401k's as well as also also profit sharing plans) can only be divided with specialized forms known as qualified domestic relations orders (QDRO's). Finally, a domestic relations attorney will also be able to help you understand whether you or your spouse may have a valid claim for maintenance (also known as alimony).
There are many different avenues for obtaining information about the procedures, requirements, as well as also also legal guidelines applicable to NY divorces. Whether you rely on a NY matrimonial lawyer, divorce form service, or the court's website – or all three – This kind of will be important for you to gather as much information as possible about divorce.