The decision to divorce your spouse is usually one that requires a lot of careful deliberation and often a lot of stress. Now that you have arrived at this decision, you face the challenge of actually obtaining the divorce. In New York, you have the option of seeking an uncontested divorce – the fastest and most trouble-free type of divorce available. But you must meet the requirements for this type of divorce before you attempt to file New Your divorce papers on your own.
Uncontested means that you and your spouse are in agreement about the need for a divorce, how your property will be divided and how your children will be taken care of. If you and your spouse are in disagreement about any of these things it will make it very difficult to proceed with the divorce. If the disagreements become too severe, you will likely need to seek outside help for resolving them – either through divorce mediation, collaborative lawyers or by seeking your own personal attorney. The more intense the disagreements, the more costly and time consuming the divorce becomes.
If you have worked out a plan with your spouse that you can both agree to, you are in a good position to seek an uncontested divorce. New York allows you to fill out your own divorce paperwork and submit it to your county clerk. Doing this will allow you to move forward and end your marriage. CompleteCase.com offers you a way to take the guesswork and anxiety out of the form filling process. With CompleteCase.com, you can be directed to the exact divorce papers required in New York for your specific circumstances, and you’ll get help filling out these forms accurately and completely. This way you know that you are filing the right divorce documents, which will help you avoid any unnecessary or costly delays.
According the Centers for Disease Control (CDC), the divorce rate in New York in 2011 was 2.9 for every 1,000 residents. The divorce rate in New York is lower than many other states in the country.
New York allows couples to seek either an at-fault divorce or a no-fault divorce. In an at-fault divorce, you must prove that your spouse is responsible for the need to divorce. Some accepted grounds for an at-fault divorce in New York include adultery, imprisonment and cruel and inhuman treatment. For most people, it is easier to seek a no-fault divorce as you do not need to prove anything other than the relationship is irretrievably broken. In New York, the relationships must be broken for at least six months. In addition, New York generally requires that you or your spouse have lived in the state for at least one year before you can file for divorce.
The New York Courts website tries to make the complicated divorce process easier through its DIY program for uncontested divorces. As long as you meet the requirements for uncontested divorce, including being over 18 years of age, having no children, being in a marriage that has been over for at least six months and having all of your property issues settled, you can go through the program.
Even with the program offered by New York, you should prepare to spend some time working through all of the instructions and filling out the various online divorce papers. You can expect to complete the Summons With Notice or Summons form, as well as the Verified Complaint. These forms will demand detailed information from you, and they must be filled out correctly to avoid any delays in your divorce.
If you want to get through the divorce paperwork as quickly as you can, you may find that the New York online divorce papers from CompleteCase.com a better option. CompleteCase.com provides personalized solutions to divorce form selection and completion, ensuring that you fill out only the documents you need for your case. Our experts also work with you to make certain your divorce forms are complete and accurate so that you have everything completed correctly the first time.
When you have completed your divorce papers, online or otherwise be sure to make two copies of the documents. You will need a copy to file with the county clerk, a copy to serve to your spouse and a copy for your records. Only the Supreme Court Of New York has the authority to handle your divorce case. Family Law courts in New York are not able to do this. So make sure you go to the right court for your case. You can find more information on the right court on the New York Courts website.
When you identify the right court, you will must bring in your completed divorce paperwork and submit them to the county clerk. The clerk will require you to pay a state fee to assign your case. When you pay the fee, the clerk will assign you an Index Number.
New York requires you to serve a copy of the divorce papers to your spouse. You must do this within 120 days of filing with the clerk. You can serve the paperwork in several ways. If your spouse will not contest the divorce, you can serve the papers yourself. If someone else serves the papers, you just have to make sure they are over 18 years of age.
Your spouse has 40 days to return the form that acknowledges receipt of the divorce documents. If your spouse does not return this document, then the person who served your spouse will need to fill out an Affidavit of Service to prove that the papers were served. Once all the required paperwork is in, you can add your divorce case to the court calendar. When the judge reviews your documents, he or she can then grant the divorce.