Steps for Filing a Divorce in New York

Going through a divorce can be a very difficult time in your life. Don’t let uncertainty about the complicated divorce process add to your stress. Here are the basic steps involved in filing a divorce in New York.

  • Residency requirements. First you must meet the residency requirements to be eligible to file a divorce in New York.
  • Establishing the grounds. As of 2010, you can file a divorce on the grounds of no-fault in New York. A no-fault divorce can be sought if one of the spouses states under oath that the marriage has irretrievably broken down for at least six months. A fault divorce can be recognized if one spouse is proved to have committed adultery, cruel or inhuman treatment, abandonment or is incarcerated for a long period of time.
  • Contact an attorney. Meeting with an experienced New York divorce attorney before filing for divorce can help you avoid mistakes that could cost you down the line.
  • File your petition. You must file a petition for the dissolution of marriage. A lawyer can help you prepare the necessary paperwork.
  • Decide on a type of divorce. There is more than one way to get a divorce. For example, if you and your spouse think you can work together amicably to reach a resolution, then a mediated divorce may be right for you.

Because each state has slightly different laws when it comes to divorce, meeting with a divorce attorney in your area can help you get started in the right direction. Most divorce attorneys offer free consultations.

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