Filing for Divorce in New York state

Meet Residency Requirements: Before filing for divorce in New York, you or your spouse must meet the state's residency requirements. Either you or your spouse must have been living in New York for at least two continuous years before filing, or one of you must have been living in New York for at least one year and one of the following must be true: (a) your marriage ceremony was performed in New York, (b) you lived in New York as a married couple, or (c) the grounds for your divorce occurred in New York.

Choose Grounds for Divorce: New York allows for both fault-based and no-fault divorces. For a no-fault divorce, you can cite an "irretrievable breakdown of the marriage" for at least six months, meaning the marriage relationship has broken down irretrievably for at least six months. Fault-based grounds include cruelty, abandonment, imprisonment, adultery, and legal separation.

Prepare and File Divorce Papers: You'll need to prepare and file the necessary forms with the court. These typically include a Summons, Complaint, and Affidavit of Service, along with any other required documents based on your specific situation.

Serve Your Spouse: After filing the papers, you must serve your spouse with a copy of the documents. Service can be done in person by a third party or by mail with acknowledgment of receipt.

Wait for Response: Your spouse has a certain amount of time to respond to the divorce papers once they are served. If your spouse agrees to the divorce and the terms, the process can move forward more quickly.

Negotiate Settlement or Attend Court: If you and your spouse can agree on the terms of the divorce, you can negotiate a settlement. If not, the case may go to court, where a judge will make decisions on issues such as property division, child custody, and support.

Finalize the Divorce: Once all issues are resolved and the judge approves the agreement or makes a decision, the divorce can be finalized. The court will issue a Judgment of Divorce, and you will be legally divorced.

It's important to note that divorce laws and procedures can vary, so it's advisable to consult with a divorce attorney in New York to understand your rights and options.

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