Spouse Application File For Divorce In Bronx
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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.
Be Honest and Direct: Clearly express your feelings and reasons for wanting a divorce. Use ``I'' statements to communicate your perspective (eg, ``I feel that our relationship is no longer working for me''). Stay Calm and Respectful: Emotions can run high during such conversations.
Yes, you can file without your husband's knowledge and consent. You have a constitutional right to marry whomever you like, with some narrow exceptions (eg some minors, some people you are related to, same sex persons in some states, etc.). You have about the same right to divorce, pretty much at will.
In Bronx County, NY, the Supreme Court (not the Family Court) is the relevant court to handle divorce cases. The Supreme Court judge is the only one who can grant a divorce. The petitioner (the filing party) has to contact the Supreme Court in the county where either party currently resides.
Choose the Right Time and Place : Find a private, quiet space where you can talk without interruptions. Be Honest but Compassionate : Clearly express your feelings and reasons for wanting a divorce. Prepare for Their Reaction : Understand that your spouse may react with shock, anger, sadness, or denial.
If you hope to file an uncontested divorce, starting the divorce process collaboratively by talking to your spouse first is usually the best choice. If your spouse is aware of the divorce in advance instead of being blindsided with papers, he/she may be more inclined to cooperate with mediation.
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.
Ideally, you'll want to tell your spouse you're considering divorce as soon as you realize you want to end your marriage. Saying it when you're calm and have time to talk about it together, such as at the beginning of the weekend, is a good idea.
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.
