How to File Divorce Papers in New York

Filing for divorce in New York involves several steps, and it's important to understand the process before initiating it. Here's a guide on how to file divorce papers in New York:

1. Meet Residency Requirements: Before filing for divorce in New York, you or your spouse must meet the residency requirements. Either you or your spouse must have been living in New York for at least two years before filing, or one of you must have lived in New York for at least one year and:

   • Got married in New York
   • Lived in New York as a married couple
   • The grounds for divorce occurred in New York

2. Choose the Correct Grounds for Divorce: New York allows for both fault-based and no-fault grounds for divorce. The no-fault ground is known as "irretrievable breakdown of the marriage," which means the relationship has been irreparably damaged for at least six months. Fault-based grounds include cruel and inhuman treatment, abandonment, imprisonment, and adultery.

3. Fill Out the Forms: Obtain the appropriate forms for your situation. If you have no children and agree on all issues, you can use the Uncontested Divorce Packet. If you have children or disagree on issues such as property division or support, you may need the Contested Divorce Packet. Fill out the forms completely and accurately.

4. File the Forms with the Court: File the completed forms with the Supreme Court in the county where you or your spouse live. You'll need to pay a filing fee unless you qualify for a fee waiver. If you're unable to afford the fee, you can request a fee waiver by filing a Request for Judicial Intervention (RJI) form.

5. Serve the Divorce Papers: Serve your spouse with a copy of the divorce papers. This can be done by mail or by hiring a professional process server. Your spouse must respond within a specified time frame, usually 20 or 30 days, depending on how they were served.

6. Negotiate Settlement: If you and your spouse are contesting issues, you may need to negotiate a settlement through mediation or with the help of attorneys. If you reach an agreement, you can submit it to the court for approval.

7. Attend Court Hearings: If your divorce is contested, you may need to attend court hearings to resolve outstanding issues. If your divorce is uncontested, you may only need to attend a final hearing to finalize the divorce.

8. Obtain a Judgment of Divorce: Once all issues are resolved, either through agreement or court decision, the court will issue a Judgment of Divorce. This document officially ends your marriage.

9. Follow Post-Divorce Requirements: After the divorce is finalized, you may need to follow certain requirements, such as changing your name or updating your will.

Filing for divorce can be complex, especially if there are contested issues. It's often advisable to seek the guidance of an experienced divorce attorney to help you navigate the process and protect your rights.