Divorce papers in New York — filing for divorce in NY

Online divorce in New York

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How to get divorce in New York

Online Divorce provides qualitative and approved by New York courts divorce papers. The information below may help to understand more about the divorce in New York. onlinedivorce.com provides quick and inexpensive services of online divorce in New York.


The key conditions to get a divorce in New York are
:

1

First of all, rules of the state of New York allow couples to file for a divorce in New York only in case if they are were married legally. It does not matter where the wedding ceremony took place, the main thing is that the marriage is recognized by the laws of New York.

2

Both parties must meet the residency requirements of the state of New York.

3

The spouses must point out the fault or no-fault grounds based on which they want to obtain a divorce in the state of New York.

4

The spouses must come to a common agreement regarding the issues of custody of a child, child support, payment of alimony and property division if they want to file for uncontested divorce. If there is no agreement the case is considered to be contested and the court independently decide on all the disputes.

5

After, the appropriate divorce papers must be filled out and submitted to the court.

Residency:

The New York state residency requirements are:

  • Either spouse has resided on the territory of the state on a permanent basis for 2 years before the date of submission of the divorce form documents. 
  • Either spouse resided on the territory of the state on a permanent basis for one year and the marriage occurred in the state of New York, or the grounds for divorce took place on the territory of the state. 
  • The grounds for divorce took place in the state of New York, as well as both spouses were residents of the state at the time of filing for divorce in the court.
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Valid grounds to get divorce in New York

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In New York courts recognize both no-fault and fault grounds.

To the no-fault ground belongs: irretrievable breakdown of marriage for a period of not less than 6 months. This means that all disputable issues in the pair must be resolved such as: custody of the child, the division of property and assets as well as spousal and child support.

Note that spouses also have to live separately more than 6 months.

The main fault grounds include:

#1

Cruelty, domestic violence.

#2

Abandonment for more than 1 year.

#3

Imprisonment of one of the spouses for a period of more than 3 years, provided that the spouse is imprisoned after marriage is registered.

#4

Adultery of one of the spouses during the marriage.

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Annulment of the marriage in New York

Sometimes instead of getting a divorce in New York, the marriage can simply be canceled. This can happen in the event that the marriage has no legal force, which means that New York State laws do not recognize it, marriage is considered to be void. Below are listed grounds which can determine the marriage is void:

  • At the time of marriage, at least one of the spouses has not reached the minimum legal age, from which it is permitted to marry, while he did not have permission from the parents or the court to marry.
  • A spouse could not consent to get marry because of some psychological illness. Or he/she acquired a serious mental illness after marriage, which lasted more than 5 years.
  • If one of the spouses was forced to marry, which means that he ‘ she did not give consent to this.
  • Consent to marriage from one of the spouses was obtained fraudulently.
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Custody of the child in New York

Custody of the child

The decision on custody of the child is made based on what is best for the child. Note that custody is considered only for children who are under 18 years of age.

Custody can be of two types: legal and physical. Legal means that the parent has the right to make important decisions in the child's life regarding his education, health insurance and religion. If this kind of custody is awarded to both parents, then they equally make decisions about the child's future.

Physical custody determines with whom of the parents the child will live after divorce more than 50% of the time. For a parent who has not received physical custody, the court will offer visitation of the child.

In addition, a parent who potentially has custody of a child may wish to move to another city. This factor will also be considered by the court. Any rights of parents are an important factor in making a decision during the divorce in New York.

Rules for child support in New York

A New York court may require one of the parents to pay alimony for a minor child, as well as cover his medical insurance. The income of both parents is taken into account when calculating alimony. Financial support for the child continues until he reaches age of 19 years. Which parent pays support and its size depends on the following factors:

  • Financial resources of both parents, as well as the difference in their income;
  • The special needs of the child, his mental and physical condition;
  • Financial sources of parents;
  • Additional expenses for the child;
  • The needs of other children of spouses who were born not in marriage;
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Rules for spousal support in New York

Rules for spousal support

The court may award one of the spouses to pay alimony to another, depending on the following circumstances:

  • The sources of income of each spouse;
  • Professional skills of each spouse and sources of profit;
  • Age and level of health of the spouses;
  • The presence of children in marriage;
  • Duration of marriage;

Property division in New York

Property division

In New York, the marital property of the spouses is subject to division during the divorce. In order to make a fair decision, the court considers many factors. For example type of ownership, a current financial condition of spouses and their possible state in the future, the income of spouses, the age of each spouse, duration of the marriage. The presence of custody of children can also be of considerable weight. 

It should be taken into account that the private property of either spouse (for example, if the spouse has inherited anything, or was given as a gift, or just he/she had something before the marriage), then such property typically is not divided, but remains to belong entirely to the initial owner.

Divorce without a lawyer in New York

Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Contested Divorce
Average price from $2000
Offline process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditure. Overall lenghty and expensive way to go.
  • Attorney availability affects completion time
  • Each spouse have to hire an attorney, which automatically doubles legal fees
  • Trial, which adds even more stress
  • If you have children, they will likely be interrogated at the court for making decisions on custody
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Fully-guided fast and affordable process. Experienced and reliable online divorce service using top-notch technology.
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  • Single flat fee for accessing all documents online for both spouses
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Basic Online Divorce Tools
Average price from $300
Websites for filling out divorce documents. Use software technonlogies to complete your divorce documentation.
  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies.
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in New York

During the divorce in the state of New York, either couple may use the service of a divorce mediaton. Mediators are a neutral side and do not take sides of any spouses, their main task is to reach an amicable settlement.

Divorce forms in New York

On the website of the State of New York, there is all the necessary information on divorce with the help of the DIY program, passing the instruction step by step. The basic divorce forms are Summons With Notice or Summons form, as well as the Verified Complaint. Many other forms may be needed depending on the case peculiarities.
Online Divorce may help with documents preparation in New York selecting the correct forms and completing them in accordance with the law.

Uncontested divorce in New York

Uncontested divorce in New York

An uncontested divorce means that before the filing petition to the court, the spouses have signed all the papers where there are settled all issues of property division, custody of the child, and financial support. In other words, the spouses reached an agreement and may avoid the trial.

How to serve divorce papers in New York

Legislation of the state of New York obliges the person who submits for divorce, to notify his spouse about the registration of the divorce case. So the Petitioner is required to provide the non-filing spouse with all copies of New York divorce documents that were submitted to the judicial office. This may be done during 120 days starting from the date when the case was registered in the court.

It's allowed to notify the Respondent about the divorce in several ways:

  • Services of a Sheriff or a Constable. 
  • Service by publication (if the spouse can't be located). 

If the spouse signs a form that claims to have been provided with copies of all divorce registration documents, the service requirement is not mandatory.

 

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Filing fees for divorce in New York

Total fees for divorce may contain a cost of New York court filing fees and cost of using the service of online divorce in New York. This cost may vary by county.