{"id":1772,"date":"2021-09-19T15:10:21","date_gmt":"2021-09-19T19:10:21","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=1772"},"modified":"2022-07-28T09:54:19","modified_gmt":"2022-07-28T14:54:19","slug":"divorce-in-new-york","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-new-york\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in New York"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n Divorce is never simple.<\/p>\n\n\n\n With it comes massive emotional, financial, social, and legal burdens.<\/p>\n\n\n\n If you are getting a divorce in New York, you must make sure all of your bases are covered.<\/p>\n\n\n\n You must consider divorce laws, both federal and specific to New York State, lawyers and the accompanying fees, asset and debt allocation, alimony, and several other topics.<\/p>\n\n\n\n To make this process simpler and less stressful, we have put together a comprehensive guide to everything you need to know while going through a divorce in New York.<\/p>\n\n\n\n While we are providing information for the state of New York, individual counties may have more specific laws.<\/p>\n\n\n\n Verify with your county clerk<\/a> to ensure that you have the most up-to-date information possible.<\/p>\n\n\n\n Unfortunately, divorce is not always a straightforward process.<\/p>\n\n\n\n New York has very specific guidelines and laws to consider when filing for divorce and going through the legal process.<\/p>\n\n\n\n Sometimes, if you want the divorce to go smoothly, it will depend on your willingness or ability to work together with the spouse you want to divorce.<\/p>\n\n\n\n A quick tip for people who have not had “the talk” yet with your spouse where you let them know they want a divorce<\/a>, the level of cooperation during your divorce all starts with how you approach this important conversation.<\/p>\n\n\n\n In New York, there are 2 types of divorce.<\/p>\n\n\n\n In an uncontested divorce, you and your spouse have agreed to all the terms of your divorce and everything is settled beforehand.<\/p>\n\n\n\n You are not seeking the courts assistance in creating and deciding on the terms of your marriage\u2019s dissolution.<\/p>\n\n\n\n While this is by far the most straightforward and most ideal outcome in any divorce in New York.<\/p>\n\n\n\n However, you must still go through the proper channels in the courts for obtaining a divorce.<\/p>\n\n\n\n Even if your soon-to-be-ex-spouse agrees on all terms and you are ready to obtain an uncontested divorce, there are a few considerations to make.<\/p>\n\n\n\n You must decide if you will use an attorney or file pro se (without legal representation) to just help you through the process.<\/p>\n\n\n\n If you are attempting an uncontested divorce with no lawyer, the State of New York has some self-filing options.<\/p>\n\n\n\n The New York Court System provides an uncontested divorce packet<\/a> that you may fill out and file yourself.<\/p>\n\n\n\n The court system will use this packet if you have settled all matters, but you have circumstances such as child custody and support that they must include in the proceedings.<\/p>\n\n\n\n They also have made a DIY Uncontested Divorce Program<\/a> available that you simply fill out online and file.<\/p>\n\n\n\n Depending on your specific circumstances, either of these options may be right for you.<\/p>\n\n\n\n The other option to assist you in filing for an uncontested divorce is using an online divorce service.<\/p>\n\n\n\n We will discuss this valuable option in more detail later in this article.<\/p>\n\n\n\n However, you still have the option of hiring an attorney and allowing them to draw up your legal documents and file on your behalf.<\/p>\n\n\n\n While this is the more expensive route, having representation is protection if something unexpected comes up or if you are unsure about completing the process on your own.<\/p>\n\n\n\n Hiring a lawyer will also ensure that your agreement is written correctly.<\/p>\n\n\n\n New York requires legal documents to be specific and accurate to be considered valid in the court.<\/p>\n\n\n\n Typically, with an uncontested divorce, the end of your marriage requires just a short hearing.<\/p>\n\n\n\n The judge will review and approve your agreement, both parties will testify that they agree and are not under duress, and the order will be signed and filed.<\/p>\n\n\n\n Just like that, you will be able to go your separate ways.<\/p>\n\n\n\n FURTHER READING:<\/strong> How To Get a Cheap and Quick Divorce<\/a><\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in New York, divorce can cost over $13,500 <\/span>in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t Contested simply means \u201copposed.\u201d<\/p>\n\n\n\n A contested divorce is one in which the two parties do not agree on all aspects and require a judge to decide the terms of the divorce.<\/p>\n\n\n\n While this is much more difficult than an uncontested divorce, a contested divorce is not necessarily hostile or complicated all the time.<\/p>\n\n\n\n It can just indicate that you need some help working out the final details of your agreement.<\/p>\n\n\n\n There are several reasons why you might end up in a contested divorce proceeding:<\/strong><\/p>\n\n\n\n This disagreement could be that you have different opinions on how to divide your finances, who gets custody of the children, who is responsible for various debts, or other problems, like spousal support.<\/p>\n\n\n\n Contested divorces can involve a much longeer process.<\/p>\n\n\n\n The court will not resolve it in one quick and easy hearing.<\/p>\n\n\n\n There are several hearings during this type of divorce in New York.<\/p>\n\n\n\n The series of hearings involve temporary and interim hearings to decide on temporary measures such as child support and custody, and spousal support while the matter is still being determined.<\/p>\n\n\n\n There are many costs and factors that may arise as the divorce progresses.<\/p>\n\n\n\n The court will set dates for discovery and presentation of evidence and facts, as well as other deadlines the couple will have to meet.<\/p>\n\n\n\n Sometimes, a contested divorce requires the involvement of third parties.<\/p>\n\n\n\n In matters of child custody, there may be a Guardian Ad Litem, medical professionals, or even Child Protective Services who must give their input.<\/p>\n\n\n\n The parents may have to have psychiatric evaluations, take drug tests, provide their financial information or medical history.<\/p>\n\n\n\n All of these complications can lead to a drawn-out process.<\/p>\n\n\n\n While the goal of the New York State Court System is to resolve contested divorces in one year or less, more complicated battles may end up taking more time.<\/p>\n\n\n\n For this reason, it is strongly recommended that you do not attempt a contested divorce without representation.<\/p>\n\n\n\n However, family law attorneys are not cheap, and during a messy court battle, you will be racking up many man-hours.<\/p>\n\n\n\n These types of scenarios are definitely considered \u201cworst case.\u201d<\/p>\n\n\n\n Your contested divorce could be as simple as disagreeing on the presence or amount of alimony or child support, or the division of property, or who gets to remain in the marital home.<\/p>\n\n\n\n In these cases, the judge will review the contributing factors and make a ruling based on the facts presented to them.<\/p>\n\n\n\n Most contested divorces get a settlement along the way, and a final trial is not necessary.<\/p>\n\n\n\n A family court judge will prefer to see divorcing couples resolve their disputes themselves without requiring outside intervention.<\/p>\n\n\n\n If you and your spouse cannot agree between yourselves, be prepared to accept whatever ruling the judge will make.<\/p>\n\n\n\n The judge will try to be as fair as possible, but when left to a third party, there will likely be elements of the outcome that feel unfair or unacceptable to either or both parties.<\/p>\n\n\n\n This outcome is why it is crucial to make your best effort to resolve outstanding issues with your ex.<\/p>\n\n\n\n If your goal is an uncontested divorce, or you are confident that you and your spouse can work out any lingering disagreements, there are ways to accomplish this without the intervention of a judge.<\/p>\n\n\n\n Divorce mediation<\/a> is an excellent tool for finding solutions to conflicts while dissolving a marriage.<\/p>\n\n\n\n In mediation, the separating couple will attend a session (or multiple sessions) with a neutral party.<\/p>\n\n\n\n Often, the mediator is an attorney trained in family law and mediation.<\/p>\n\n\n\n In this setting, you and your spouse will discuss the disagreements you have encountered while crafting your divorce agreement and work towards finding amicable solutions.<\/p>\n\n\n\n The mediator will assist in guiding conversations, keeping expectations realistic and manageable, and drawing an agreement.<\/p>\n\n\n\n There are several ways to find a mediator, either self-paid or free.<\/p>\n\n\n\n There are low-cost and free programs for low-income individuals, court-based mediation programs, and private practices which offer divorce mediation.<\/p>\n\n\n\n Mediation will help to resolve matters of property, finances, and child custody.<\/p>\n\n\n\n If you cannot resolve any matters, your case will proceed in court as a contested divorce.<\/p>\n\n\n\n If you and your ex can create an agreement that works for both of you, you may then complete an uncontested divorce.<\/p>\n\n\n\n Collaborative Family Law is similar to the mediation process.<\/p>\n\n\n\n In a collaborative divorce, each party is represented by its own attorney.<\/p>\n\n\n\n Instead of having a third party (mediator) guide and assist with the divorce process, the spouses will meet with their attorneys and collaborate on their divorce terms.<\/p>\n\n\n\n They will work together to find solutions to their conflicts and draft an agreement that benefits both of them.<\/p>\n\n\n\n Their attorneys are present to ensure that everything is done legally and correctly and that each party is protected throughout this process.<\/p>\n\n\n\n Just like with mediation, if you and your spouse can collaborate on an acceptable divorce agreement, you may proceed with an uncontested divorce.<\/p>\n\n\n\n However, if collaboration does not work and you do not believe you will benefit from the services of a trained mediator, it is once again going to be up to the judge.<\/p>\n\n\n\n Read More:<\/strong> Collaborative Divorce vs Mediation – Deciding Which Is Best For You<\/a><\/p>\n\n\n\n A few extenuating circumstances will lead a divorce to look a bit different from the standard uncontested or contested proceeding.<\/p>\n\n\n\n Here are some exceptional cases.<\/p>\n\n\n\n Divorce by default judgment is a reasonably straightforward process.<\/p>\n\n\n\n This divorce happens when you have served your ex with a summons to appear in court, and they fail to show up.<\/p>\n\n\n\n In this case, the judge will assume that your spouse agrees to the grounds and terms of your divorce, and you will be granted an uncontested divorce.<\/p>\n\n\n\n When filing for divorce, you are required to serve your spouse with the complaint and summons within twenty days of filing.<\/p>\n\n\n\n In some cases, this may not be possible.<\/p>\n\n\n\n For example, if your ex is missing or does not know where they reside, it is impossible to serve them.<\/p>\n\n\n\n An old law allows you to \u201cserve\u201d your ex by announcing it in a newspaper or other circulated publication.<\/p>\n\n\n\n However, to obtain a publication divorce, you must document your search efforts to prove that you exhausted every attempt to locate your spouse.<\/p>\n\n\n\n This documentation includes searching through:<\/strong><\/p>\n\n\n\n Not only is it essential to prove that you searched for them, but it is also imperative to be completely honest.<\/p>\n\n\n\n If you really could have located your ex, they can challenge your divorce at a later date and land you in legal trouble.<\/p>\n\n\n\n Once you have attempted to locate your spouse, you will petition the court for permission to serve them via publication.<\/p>\n\n\n\n The court will determine how often and for how long you must run your \u201csummons\u201d in the newspaper.<\/p>\n\n\n\n After that requirement is met, you may proceed to court.<\/p>\n\n\n\n Since the other party is not likely to appear, you will obtain a divorce by default judgment, which is technically an uncontested divorce.<\/p>\n\n\n\n Since this process can expose you to potential legal troubles, it is highly recommended that you hire an attorney to assist you with your divorce by publication.<\/p>\n\n\n\n One of the most important factors to consider before filing for divorce in the state of New York is whether or not you meet the residency requirements.<\/p>\n\n\n\n New York\u2019s law regarding divorce and residency is clear and specific.<\/p>\n\n\n\n You can access it through the New York State Senate<\/a>\u2019s website under \u201clegislation.\u201d<\/p>\n\n\n\n To summarize these requirements, the most essential factor is that at least one party has lived in New York for twelve months and still resides there.<\/p>\n\n\n\n However, either the marriage itself or the cause for the marriage must have occurred within the state.<\/p>\n\n\n\n Otherwise, the residency requirement is two years.<\/p>\n\n\n\n If your spouse now lives out of state, one of these options may still work for you.<\/p>\n\n\n\n You are still eligible to file for divorce in New York as long as you meet the other requirements. This may or may not require proof.<\/p>\n\n\n\n If you cannot find or contact the other party, you may want to seek a divorce by publication or hire a private investigator.<\/p>\n\n\n\n It is strongly recommended that you enlist the services of an attorney in these cases to be sure that you are doing everything by the book.<\/p>\n\n\n\n The State of New York has both no-fault and at-fault divorces.<\/p>\n\n\n\n The availability of no-fault divorce means that most divorce cases do not have to show grounds for divorce.<\/p>\n\n\n\n This law makes the process simpler for all involved.<\/p>\n\n\n\n However, in some circumstances such as a being trapped in a toxic marriage<\/a>, one may file for an at-fault divorce.<\/p>\n\n\n\n According to the New York State Unified Court System<\/a>, the following are the grounds for divorce:<\/p>\n\n\n\n One of the most significant decisions that you must make in any legal matter is whether or not you will be hiring a lawyer.<\/p>\n\n\n\n There are advantages and disadvantages to using an attorney, and there are many elements that will affect your decision.<\/p>\n\n\n\n Ultimately, you have to decide which path is right for you.<\/p>\n\n\n\n Some factors influence whether or not you will hire representation and how important having a lawyer is to your situation.<\/p>\n\n\n\n The more contentious your divorce, the more complicated and messy it has the potential to become.<\/p>\n\n\n\n While this will rack up huge legal bills, it will also make the decision to hire an attorney easier.<\/p>\n\n\n\n If marital issues need to be resolved, such as allocation of property or debt, child custody, or spousal support, having someone to advise and guide you through finding solutions and fighting for your best interests will provide peace of mind.<\/p>\n\n\n\n Similarly, if you and your spouse have a large number of assets to which you both feel entitled, it may be challenging to find a peaceful solution without the aid of legal representation.<\/p>\n\n\n\n When selecting an attorney, you must find someone who has experienced, has a good track record, and with whom you feel comfortable.<\/p>\n\n\n\n Do not hire someone who does not seem trustworthy or is not reputable.<\/p>\n\n\n\n This divorce is a major life event, and you want to be sure to select the best legal representation.<\/p>\n\n\n\n Of course, the cost will factor into your decision, but there are good lawyers in most price ranges.<\/p>\n\n\n\n At this point, you may be wondering how to identify a good lawyer.<\/p>\n\n\n\n You will want to look for several qualities when exploring potential attorneys to represent you in your divorce.<\/p>\n\n\n\n First, look at each attorney\u2019s skill and experience level.<\/p>\n\n\n\n Do they have a good reputation?<\/p>\n\n\n\n You want to feel confident that your case is in the hands of someone well-versed in family law matters.<\/p>\n\n\n\n A reasonable divorce attorney should be able to answer any questions about complicated divorces.<\/p>\n\n\n\n If they do not know an answer offhand, they should have superior research skills and locate these answers.<\/p>\n\n\n\n Communication is also crucial.<\/p>\n\n\n\n You will need someone who is responsive to emails and phone calls and can answer your questions.<\/p>\n\n\n\n You must remember that popular attorneys tend to have many clients, so time may be limited.<\/p>\n\n\n\n Suppose a lawyer is unable to respond in a reasonable amount of time to your inquiries and requests.<\/p>\n\n\n\n Do they have support staff (other attorneys, paralegals, administrative staff) who can address your concerns?<\/p>\n\n\n\n Make sure that you choose a direct and clear lawyer who is understandable in their speech to know you are well represented in court.<\/p>\n\n\n\n Interpersonal skills, or \u201cpeople skills,\u201d are a must-have for a divorce attorney.<\/p>\n\n\n\n You\u2019ll want someone you feel comfortable speaking to and confiding in.<\/p>\n\n\n\n They should be able to recognize when it is appropriate to be professional and when they can be more casual in manner.<\/p>\n\n\n\n Now that you have identified some essential qualities that you would like in your attorney, it\u2019s time to locate your representation.<\/p>\n\n\n\n This representation is someone you will be spending a lot of time talking to and will be entrusting an essential part of your life to, so you want to be sure to make the right choice.<\/p>\n\n\n\n With that in mind, the process of finding the right lawyer can take some time.<\/strong><\/p>\n\n\n\n First, you have to decide on your budget.<\/p>\n\n\n\n It\u2019s crucial for both you and your potential attorney to be transparent about your ability to pay and the lawyer\u2019s expectations for how much everything will cost.<\/p>\n\n\n\n A good rule of thumb is to budget for more than you predict the case to cost you.<\/p>\n\n\n\n There can always be an unexpected cost or delay, and you do not want to lose your representation.<\/p>\n\n\n\n If you are clear about what you can afford and choose a straightforward lawyer about their pricing, you have one less thing to stress about.<\/p>\n\n\n\n The first step to hiring an attorney is compiling a pool of available candidates.<\/p>\n\n\n\n Make a list of available attorneys in your area.<\/p>\n\n\n\n Before ever speaking to any of them, you can narrow down your list by doing a couple of things.<\/p>\n\n\n\n First, talk to friends and family who live locally and have been through a divorce.<\/p>\n\n\n\n Find out which lawyer they used and get their honest opinion on their services.<\/p>\n\n\n\n Then, start checking online for reviews.<\/p>\n\n\n\n Read testimonials from their past clients on legal review sites and social media.<\/p>\n\n\n\n Make a note of anyone who stands out to you, and eliminate anyone you do not feel good about.<\/p>\n\n\n\n You can further pare down your list by contacting the attorney\u2019s offices and speaking to the attorney or paralegal about pricing.<\/p>\n\n\n\n Understand that they can only give estimates and ranges based on their fees and past experiences and that the total cost will depend on the outcome of your case.<\/p>\n\n\n\n Anyone who is too far beyond your budget can be eliminated before you ever meet with them.<\/p>\n\n\n\n Next, schedule a consultation with your first choice.<\/p>\n\n\n\n You can explain your situation and get their feedback while asking simple interview questions to determine if they are a good fit.<\/p>\n\n\n\n If you feel confident with your first choice and wish to hire them, go for it!<\/p>\n\n\n\n If you need to review other candidates, move on to your next option and schedule a consultation with them.<\/p>\n\n\n\n Remember, before selecting a lawyer, make sure that you feel good about your choice, are comfortable with them, they appear knowledgeable and experienced, and you develop a good rapport during the interview.<\/p>\n\n\n\n Also, before hiring an attorney, always check with the New York Bar Association<\/a> to verify that their information is accurate and up-to-date and they are registered with the bar.<\/p>\n\n\n\n You can also inquire over the phone as to whether they are in good standing.<\/p>\n\n\n\n Here are some basic questions to ask a lawyer before hiring them for a divorce.<\/p>\n\n\n\n Specialists are better than generalists in law.<\/p>\n\n\n\n Knowing their experience is crucial for deciding whether to trust them.<\/p>\n\n\n\n Lawyers have different timetables and often handle several cases simultaneously.<\/p>\n\n\n\n A typical delay of a few hours is fair and reasonable.<\/p>\n\n\n\n Expect to pay more if you want a lawyer to work exclusively on your case.<\/p>\n\n\n\n Knowing how a lawyer intends to proceed can help you organize information and prepare for things.<\/p>\n\n\n\n Make sure to ask about things like meeting with other lawyers, secretaries, and so on.<\/p>\n\n\n\n The divorce proceeding may require things like visits to physicians and accountants, private investigators, and so on.<\/p>\n\n\n\n This is a bit of a trick question.<\/p>\n\n\n\n Honest lawyers will tell you that the cost can vary greatly depending on how long it takes and how complicated it ends up being, especially if your partner starts changing their mind about things.<\/p>\n\n\n\n Attorneys who give very low estimates might not be totally honest.<\/p>\n\n\n\n You deserve to know who has access to your sensitive information.<\/p>\n\n\n\n Generally, the closer to an even split you are, the more likely a judge will simply grant it.<\/p>\n\n\n\n Requests that deviate too much are harder to predict.<\/p>\n\n\n\n They might not be able to, but they can usually recommend an accountant who can figure out the financial implications.<\/p>\n\n\n\n Many attorneys do offer an initial consultation for free.<\/p>\n\n\n\n When you contact the office to inquire about pricing, make sure to ask about this.<\/p>\n\n\n\n If a free consultation is not available, you may find attorneys offering this initial session at a reduced rate.<\/p>\n\n\n\n Sometimes, they will apply the consultation cost to your retainer fee if you decide to hire them.<\/p>\n\n\n\n Look into programs that provide attorney consultations.<\/p>\n\n\n\n Many states, including New York, have legal assistance programs that provide free or reduced-cost consultations that you may be able to take advantage of before meeting with an attorney.<\/p>\n\n\n\n One such program is the New York State Bar\u2019s Lawyer Referral Service<\/a>.<\/p>\n\n\n\n This program will connect you with an attorney for an initial 30-minute consultation for $35 or less.<\/p>\n\n\n\n There is low-income financial assistance available on the website as well.<\/p>\n\n\n\n Is the meeting confidential? The short answer is yes. <\/strong><\/p>\n\n\n\n Even if you do not hire that attorney, the details of your initial conversation should be confidential<\/a>.<\/p>\n\n\n\n There are a select few limitations to this, such as if you admitted to the lawyer that you intend on committing a crime and they are compelled to report it.<\/p>\n\n\n\n In most cases, should you consult with an attorney but do not hire them, it would still be a conflict of interest for your spouse to hire this lawyer.<\/p>\n\n\n\n This rule is to protect both of you from confidential information interfering with your case.<\/p>\n\n\n\n There are several pros to using a divorce attorney in New York.<\/p>\n\n\n\n Here are some of the main reasons you should do it.<\/p>\n\n\n\n There are also disadvantages to hiring an attorney during this process.<\/p>\n\n\n\n This is the primary deterrent for most people who opt out of representation when going to court.<\/p>\n\n\n\n You also give up an element of control when you bring in a third party to assist you.<\/p>\n\n\n\n You may disagree with your attorney\u2019s suggestions and might find it challenging to navigate this situation.<\/p>\n\n\n\n As you have gathered by now, the process to obtain a divorce in New York can be a lengthy one.<\/p>\n\n\n\n The first step is actually filing for the divorce.<\/p>\n\n\n\n The filing process can be daunting if you do not know where to begin or how the procedures work.<\/p>\n\n\n\n We have prepared a detailed overview of the filing process, including an explanation of each step so that you can proceed confidently.<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n The first step to get your divorce started is filling out your forms.<\/p>\n\n\n\n Before you start, make sure you have the appropriate documentation handy so that you have all of the correct information available.<\/p>\n\n\n\n These can include:<\/strong><\/p>\n\n\n\n Once you are ready to begin, decide which forms are appropriate for you.<\/p>\n\n\n\n If you have an attorney, they can assist you with this portion.<\/p>\n\n\n\n The New York State Court System offers divorce forms and packets<\/a> so that you can fill out and file your complaint yourself.<\/p>\n\n\n\n There is a packet for simple uncontested divorces if you and your spouse agree on the divorce terms and there are no children.<\/p>\n\n\n\n If there are child custody issues or alimony, there are additional forms to fill out and file.<\/p>\n\n\n\n If you suspect the divorce will be contested, there are more forms available.<\/p>\n\n\n\n You must fill out a Verified Complaint and a Summons with Notice.<\/p>\n\n\n\n A Summons with Notice is a form that indicates your desire for divorce and notifies the other party that you have filed for divorce.<\/p>\n\n\n\n These papers will indicate the reason for the divorce and include requests for relief about child support, custody, property distribution, and more.<\/p>\n\n\n\n The Instructions <\/a>for New York State\u2019s Divorce Packet contains valuable information that will assist you in filing for your divorce.<\/p>\n\n\n\n Or for a more assisted, streamlined and user friendly process, you can use a reputable online divorce service.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t Once you have filled out and checked over all of your documents for accuracy, it is time to file.<\/p>\n\n\n\n Locate your local County Clerk's office<\/a>. This office is where you will go to file your paperwork.<\/p>\n\n\n\n There will be a fee associated with court costs.<\/p>\n\n\n\n This fee will buy you an Index Number (or your official case number).<\/p>\n\n\n\n The court will file all documents relating to your case under this Index Number.<\/p>\n\n\n\n The Index Number comes with a standard $210 fee.<\/strong><\/p>\n\n\n\n New York has an additional document called a \u201cPoor Person\u2019s Waiver\u201d that allows you to proceed without paying this fee.<\/p>\n\n\n\n The next step is to serve your spouse.<\/p>\n\n\n\n In addition to the Verified Complaint and the Summons with Notice, notices may be issued that must be served, such as a Notice of Automatic Orders and Notice of Maintenance Guidelines.<\/p>\n\n\n\nTypes of Divorce Laws in New York<\/h2>\n\n\n\n
Uncontested Divorce<\/h3>\n\n\n\n
For a divorce to be uncontested, the splitting couple must meet two conditions:<\/strong><\/h4>\n\n\n\n
This program is specifically designed for uncontested divorces under the following conditions:<\/strong><\/h4>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Contested Divorce<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Mediated or Collaborative Divorce<\/h3>\n\n\n\n
Mediation<\/h4>\n\n\n\n
Collaborative Divorce<\/h4>\n\n\n\n
Special Cases<\/h3>\n\n\n\n
Divorce by Default Judgment<\/h4>\n\n\n\n
Divorce by Publication<\/h4>\n\n\n\n
Residency Requirements in New York<\/h2>\n\n\n\n
To obtain a divorce in the state of New York, you must meet at least one of the following requirements:<\/strong><\/h3>\n\n\n\n
Grounds for Divorce in New York<\/h2>\n\n\n\n
Using a New York Divorce Attorney<\/h2>\n\n\n\n
What Makes a Good Divorce Attorney?<\/h3>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
Do you specialize in divorces, and how long have you been handling cases like mine?<\/strong><\/h4>\n\n\n\n
How long do you take to return my phone calls?<\/strong><\/h4>\n\n\n\n
What is your strategy for my case?<\/strong><\/h4>\n\n\n\n
How do you plan to charge me?<\/strong><\/h4>\n\n\n\n
What costs besides yours do you expect? <\/strong><\/h4>\n\n\n\n
What\u2019s your total estimate for this case?<\/strong><\/h4>\n\n\n\n
Will anyone else in your office work on my case?<\/strong><\/h4>\n\n\n\n
How do you predict a judge will rule?<\/strong><\/h4>\n\n\n\n
Can you help me understand the tax implications of this divorce?<\/strong><\/h4>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Meeting Confidential?<\/h3>\n\n\n\n
Pros of Using an Attorney<\/h3>\n\n\n\n
Cons of Using an Attorney<\/h3>\n\n\n\n
Filing for Divorce in New York<\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
Filing Your Divorce Forms<\/h3>\n\n\n\n
Serving Your Spouse<\/h3>\n\n\n\n