How to Start a Divorce Case in New York

Are you wondering what you need to do to get your divorce case started in New York?

Your first step will be to purchase an index number at your County Clerk’s Office. Then, you will file a Summons with Notice or a Summons and Verified Complaint, in which you will provide the reasons you are seeking a divorce. Once you have completed all the required paperwork, your next responsibility is to have another adult (who is not a party to the divorce action) serve your spouse the paperwork. This can be completed through a professional service provider, law enforcement or U.S. mail.

It is highly recommended that you work with an attorney to ensure you complete all the paperwork properly and guarantee service to your spouse. This will also put you in a position to achieve success in your divorce case.

Legal requirements for a divorce filing

In addition to filling out all the required paperwork, you must also meet certain legal requirements before you file for divorce in New York.

First, you must meet the state’s residency requirements. You and your spouse must have lived in New York without interruption for at least one year before you file. If you do not meet this minimum standard, you may experience delays in filing your divorce action.

You must also have legal grounds to get divorced in New York. In the past, this meant proving fault on the part of your spouse, such as abandonment, cruel treatment, adultery or confinement in prison. As of 2010, however, New York allows for no-fault divorces that use the grounds of an “irretrievable breakdown” in the relationship for a period of at least six months.

For further guidance on the requirements of filing for divorce in New York and how you can begin the process, contact a trusted family law attorney at Bryan L. Salamone & Associates.