Ny file for divorce

However, if the issues pertaining to your divorce are complex and you cannot resolve them on your own, then it is best to hire a family law lawyer who can help you with all the divorce laws.

Our favorite provider is 3stepdivorce. You will need to answer questions regarding your case and the online service will guide you step-by-step and will provide you with the details to file your divorce papers. Once you fill out all the details, your final documents will be generated, which you can print out, reviewed, and all you need to do is sign and submit with the clerk at your local court. If both divorcing parties are unable to come to an agreement on the main issues of the divorce like property division, child custody and support, and alimony, then the case will go to trial and will be heard by a judge, who will then resolve all your issues.

Both spouses must hire a divorce attorney in the case of a divorce trial, who will present your case, witness testimonies, etc. Usually, a divorce trial takes a long time and is also expensive.

In a New York divorce, the marital property is usually divided equitably, i. Your income, home and personal possessions are all considered as your property. The court may also divide the separate property of both spouses if it believes that this is fair, i. One of the spouses may be ordered by the court to pay alimony to the other. Usually, the judge will consider many factors before determining the amount of alimony such as the duration of the marriage, the earning capability of each spouse, the capability of the receiving spouse to become self-supporting and the homemaking and financial contribution of each spouse to the marriage.

Usually, when making any decision regarding child custody or visitation, the court takes into account the best interests of the child. The custody of the child may be awarded to one parent or both parents with the objective of providing the child with a stable environment. The various factors such as the age and mental and physical health of the child, the emotional bond that the child has with each parent, the lifestyle of both parents, the capability of each parent to provide the child with food, clothing, medical care and shelter are considered by the court before making a decision.

If both parents have an agreement on the custody arrangement of the child, they can submit their proposal to the court, which the court will consider and if there is any requirement to modify the custody, then you must prove to the court that the situation has changed and it is in the best interest of the child to change the custody agreement. The child support is calculated on basis of the combined income of both the parents. The child support continues until the child turns 21 years old.

The court will consider various factors such as the financial resources of each parent, health needs or any special needs of the child, standard of living that the child is accustomed to before determining the child support. One of the parents may be ordered by the court to pay for the medical, educational and health insurance expenses of the child. If you require any help while enforcing a court order for child support, you can contact the Child Support Enforcement, New York Division.

In the case of a contested divorce, you should hire a divorce attorney and your spouse and you will have to go the supreme court several times before the judge decides on the various issues that your spouse and you disagree about.

The papers must be filed with the office of the Supreme Court clerk or the county clerk depending on your county. Sometimes you need a little more advice from experts or you just need some help on figuring out how to deal with your emotions during divorce. Figure out the divorce process in your state without the hassle of browsing through complicated government sites or spending hours browsing multiple sites. We have collected and written down the divorce process for all 50 states to help you reduce the stress of finding the needed steps to file a divorce in your state.

Family Law Ending Your Marriage Filing a Divorce Action Filing a Divorce Action The first thing that you must do to begin a divorce action is serve your spouse with either: 1 a summons with a complaint for divorce; or 2 a summons with a notice of the divorce action.

In order to file for divorce in New York, at least one of the following five residency conditions must be satisfied: At least one spouse has lived in New York State continuously for the previous 24 months.

Your marriage ceremony was performed in New York State and at least one spouse has lived in New York State continuously for the previous 12 months and is still living in New York State when the action for divorce is filed in court. You and your spouse have lived together in New York State as married persons and at least one spouse has lived in New York State continuously for the previous 12 months and is still living in New York State when the action for divorce is filed in court.

The reason for the divorce legal grounds occurred in New York State and at least one spouse has lived in New York State continuously for the previous 12 months. The reason for the divorce legal grounds occurred in New York State and you and your spouse are both residents of New York State when the action for divorce is filed in court.

Request A Lawyer Back to Top. Our Lawyers. Charlotte L. LRS Lawyer. Use the state guidelines to understand how your income and expenses affect the sums you put in the form fields. Note that the notary and process service fees are not covered by the court one and should be paid directly to the respective specialists. There will also be fees for making copies, which are not included in the filing costs. If you cannot pay the clerk fee, a court may waive it for you, given that you ask for it and provide a sworn statement that you experience financial hardship.

It should be evident from the paperwork you submit that there are no options for funding the proceedings due to your low income. You will find the location, contact details, and work hours of the Yates County divorce court below:.

Who can help fill out divorce papers? An online service with years of experience and thousands of customers!