How to File for Divorce in New York State: Practical Tips to Ease the Process

Filing for divorce is the first step in one of the most impactful experiences an individual can have. Understanding the process can make it easier to navigate divorce, and help you know when to seek the services of a skilled New York divorce lawyer.

Here are some of the basic steps involved in filing for divorce. It should be noted, however, that just as no two marriages are ever exactly alike, divorce is also a unique experience. The devil is in the details, as the old saying goes, and the intricacies of your divorce will shape the process and the eventual outcome. 

How to File for Divorce in New York State: Practical Tips to Ease the Process

1.  Get Your Paperwork in Order

One of the first things you must do when filing for divorce is to determine which forms are required and begin filling them out. You will require either a "Summons with Report" form or a "Summons and Tested Complaint."

Within these forms you will outline the parties to the divorce, naming yourself as the "plaintiff" and your spouse as the "defendant." Next, you'll include detailed information about the reason you are seeking a divorce, legally known as the "grounds" for divorce. 

Your grounds for divorce can be "no-fault," meaning that neither party is claiming the other did anything wrong during the marriage. You'll simply assert that the marriage is irretrievably broken and has been so for at least six months before filing. 

You can also choose to file for divorce using grounds of fault. This means you are claiming that your spouse chose at least one of the following actions:

• Abandoned you for a year or longer, either by physically leaving or refusing to engage in sexual relations.

• Committed adultery - and you must prove as much.

• Treated you in an inhumane manner.

• Spent at least three years in prison, beginning after you were married.

If you and your spouse have been separated for at least a year, that can also be used as grounds for divorce. 

2.  Meet All Service and Filing Requirements

Once you've completed the forms, the next step is to ensure you are meeting all service and filing requirements. You will begin by making two additional copies of your forms. 

Bring those copies to the county clerk's office in the county where either you or your spouse resides. The clerk's office will assign your case an Index Number and note the date of filing. You'll be required to pay a filing fee, although there are provisions in place (that require additional paperwork) in the event you are unable to cover this expense. 

The next step is to serve the other party, your spouse, with a copy of the summons and complaint paperwork. This must be accomplished in person, meaning one individual must directly hand the paperwork to the other. There are companies that you can hire to complete the service requirement on your behalf if you feel that is a better option than handing the paperwork to your spouse yourself. 

If you share children with your spouse, you must also include a copy of the "Child Support Standards Chart." Finally, be sure to include the "Affidavit of Defendant" paperwork with instructions. This is the form that your spouse will use to reply in the event he or she agrees to the divorce. 

If your spouse agrees and returns the paperwork on time, the process moves forward. However, if there is no response you will need to have the individual who served the paperwork complete an "Affidavit of Service" form to clarify when service occurred. 

If your spouse responds with a "Notice of Appearance" form, that indicates that he or she does not agree to at least a portion of the terms laid out in your filing. At this point, your divorce is no longer considered "uncontested," and will become far more complicated. 

You can have your divorce placed on the court calendar at any time once your spouse signs the "Affidavit of Defendant," or after a certain period has passed since your paperwork was properly served. 

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3.  Reach Agreement on All Financial Matters

A central part of any divorce involves the division of assets and any ongoing financial support from one party to the other. It's imperative to reach an agreement on these matters as early as possible. When delays and contention arise, it is usually regarding financial issues.   

When possible, work together to try and sort out the division of property. This includes all assets, ranging from items of furniture to financial vehicles like retirement accounts, investments, and savings. Some couples benefit from using mediation services to tackle this portion of the divorce. If the maintenance, also known as alimony, will be included the details of those payments must also be decided upon. 

It's also important for parents to decide matters of child custody and child support. This is another area where tempers can flare. Until and unless both parties can reach an agreement on how to share parenting time and obligations the divorce cannot move forward. 

As you can see, filing for divorce is not always a simple matter, even when both parties agree that the marriage should come to an end. Filing for divorce can feel overwhelming, but you don't have to navigate the process on your own. Working with a skilled New York divorce lawyer can make it easier to ensure your legal rights are being properly looked after a while you adjust to the realities of a unique life as a single personality.