Spouse Application File For Divorce In New York
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STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office.
If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
The average timeline for a divorce in New York is approximately 9.5 months. As compared to the national average of 11 months, New York generally has a fast process. The reason for the quicker timeline is New York's decision to forego a waiting period prior to a divorce.
In every state in the US, you do not need to obtain permission from your spouse to obtain a civil divorce. The judge will sign the final paper, making the parties single, whether one party likes it or not. The process is to file, serve, litigate any issues (other than actual divorce), and get a judgment of divorce.
You don't need anyone's permission to file for divorce. It's your choice. Yes, you can definitely file without a lawyer, but it's not the easiest process. You should try using for the paperwork. I'm not from NY, but my x and I went through the process without lawyers.
New York courts must divide the marital property “equitably.” That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean “equally.” There is no statutory requirement of a 50/50 split of marital property.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
In order to get a divorce in NY, the non-filing spouse must be served a notice of summons within 120 days of your divorce filing in the County Clerk's Office. You can serve the divorce papers yourself, or better yet, have a third-party serve the summons.
STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office.
New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments.
