How Long Do You Have To Be Separated Before You Can File For Divorce In Ny
The grounds in which you file for divorce in New York determine how long you have to be separated from your spouse before filing. For a no-fault divorce, you must be separated from your spouse for at least one year. If you are seeking a divorce based on fault, the amount of time separated will depend on the grounds.
What Are The Residency Requirements To File For Divorce In New York
You may file for divorce in New York if you meet one of these residency requirements:
1 NY Dom Rel Law § 230
How Do I Serve The Divorce Complaint On My Spouse How Long Do I Have To Wait To Receive My Divorce
The divorce complaint must be personally served upon your spouse by a person, other than yourself, who is at least 18 years of age. How long you will need to wait for a divorce again depends on the complexity of your situation, the number of issues that need to be resolved in the divorce, how amicably you and your spouse can be with each other, etc.
There are too many factors that come into play to give a more specific and precise answer than this.
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Number : Extremely Unlikely That You Will Go To Trial
Very few divorces actually go to trial. This is especially true now that there is no fault divorces in New York. Less than 5% of divorces go to trial. However, many divorces will settle on the first day of trial.
Therefore, you and your spouse will eventually settle the case and enter into an Agreement . The Agreement is a contract between you and your spouse and it will set forth all the terms and conditions of your divorce. This will include: dividing the marital assets, responsibility for debts, child custody, child support, parenting time, maintenance, as well as many other items.
It is very important the Divorce Agreement be comprehensive and correct. It is a contract and, although there are exceptions, the Court will expect that you abide by the contract.
What Is A Contested Divorce
A contested divorce is when your spouse disagrees with anything in the case, including the divorce itself, the property division, child custody, or financial support. A contested divorce is more complicated than an uncontested divorce. It is always best to have an attorney assist you with a contested divorce.
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How Long Will No
If you are getting a divorce, you probably want to finalize things as quickly as possible so you can move on to the next chapter of your life. No-fault divorce timelines in New York depend on whether you and your spouse agree on major decisions or if the divorce is, instead, contested. If you have children together, the divorce may take longer as you must work through the additional factors of child support and custody. Some no-fault divorces can take as little as a few months while others can take more than a year.
Requirements For Divorce In New York
- The New York law recognizes no-fault, as well as fault-based grounds for divorce.
- In the case of a no-fault divorce, there is no requirement to assign blame on your spouse for the break up of your marriage and there is no need to provide any reason for your divorce.
You can file for a divorce in New York in case of any of the following:
- If your spouse and you were married in New York and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce.
- Your spouse and you have lived in New York as a couple and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce.
- The grounds of divorce have occurred in the state and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce.
- The grounds of divorce have occurred in the state and both your spouse and you have lived in New York when the process of divorce started.
- Either your spouse or you have been a resident of the state for a minimum of 2 years immediately before filing for divorce.
There is no waiting period in New York before a judge will enter a decree of divorce.
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Inability To Work Together
If the spouses are unable to cohesively collaborate on solving key issues, then the resolution process simply is taken out of their control and into the hands of a judge, which not only increases the amount of time the divorce process will take, but also increases the amount of money you will have to pay your attorneys for court appearances, document preparation, and more.
Get Your Case On The Court Calendar
If your spouse agrees to the divorce or defaults by failing to respond, the next thing you need to do is get your case on the court’s calendar.
In order to get your divorce case on the calendar, you will have to fill out the remaining applicable forms . When you’ve completed the necessary forms, you can file them with the clerk.
If approved by the judge, they will issue a divorce judgment.
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Factor : The Method Of Dispute Resolution That You And Your Spouse Choose
When most of us think of a divorce case, we imagine it taking place in court. However, most couples opt for some method other than litigation.
One reason for this is that litigation tends to take much longer than any other method, but the benefits of alternative methods dont end there.
For one thing, while you are guaranteed confidentiality within the attorney-client relationship, anything that you say or do in court has the potential to become a public record.
If you can work out your differences outside of court, then basically all that will become public record is your divorce certificate itself.
So what are your alternatives?
If you want some sort of professional to walk you through the negotiation process, look into divorce mediation or collaborative divorce.
If you feel confident in your ability to resolve your disputes one-on-one with your spouse, then skip the divorce mediator, because you are a great candidate for DIY divorce.
A DIY divorce can be divided into two main categories as well: truly DIY divorce and DIY divorce aided by an online platform like Its Over Easy.
In a true DIY divorce, you and your spouse are solely responsible for working out any disagreements and filling out and filing all of the New York divorce papers with the county clerk.
The good news is that your expenses will begin and end with a relatively small filing fee, but the downside is that all of those divorce forms can be a real pain!
Legal Separation Is Not Right For Me What Else Can I Do
Legal separation is not right for every couple. In some cases, the cons outweigh the pros. If this is the case for you, here are three other options you may want to consider:
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How Does My Spouse’s Bad Behavior During The Marriage Impact The Divorce Action
If your spouse’s bad behavior fits the grounds for divorce , you can file for divorce on those grounds. It is not necessary, since New York has adopted âirretrievable breakdownâ as a standard, but it might give you some feeling of vindication. If your spouse’s bad behavior was financial, leading to a dissipation of your common assets, the court could decide to award you a greater share of your marital property during the equitable distribution process. Bad behavior of a spouse that indicates poor parenting skills can also impact child custody disputes.
What Might Delay The Uncontested Divorce Process
Just because a couple decides to proceed with an uncontested divorce doesnt mean it will go smoothly or quickly. In many circumstances, couples that claim theyve agreed on everything rarely agree on anything! This leads to litigation, court, additional legal fees, and will greatly increase the duration of the divorce process.
Even an uncontested divorce can take a long time if the paperwork is filed late or incorrectly. This is where an experienced attorney can help.
The timeline may also depend on the county where you file, the calendar of the court, and the cooperation between the spouses. Other points that may cause conflict include property, investment/retirement assets, or other items of significant value.
Perhaps most importantly, there may be a far more important factor to consider: children. The presence of children can make the divorce process not only much longer, but also emotionally exhausting.
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Complex Court Forms And Supporting Documents
There are a number of required documents you must file with the court to initiate divorce in New York, as well as some optional forms that you have to submit depending on your circumstances. Not only can this paperwork be difficult to understand and properly complete, but it can be tricky to determine which of the optional documents apply to your case. Note that a few of these forms are Affidavits, which are statements that you swear are true and accurate. If you make a mistake in completing these in a false or misleading way, there can be severe consequences.
Does It Matter Which Lawyer Provides My Consultation
Sometimes clients request to work with a specificdivorce attorney. Other times, clients come to us based on a referral to the firm in general. Whatever your situation, you should feel confident about the fact that the attorneys work together on every matter. It doesn’t matter which lawyer you see for your initial consultation, because you get the knowledge and experience of both.
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Respected & Experienced Divorce Lawyers In Nassau County
Making the decision to file for divorce is difficult. Following through can be even more complex and emotionally exhausting, particularly if you have children. That is why you need a lawyer who can handle your case with compassion as well as efficiency.
New York divorce lawyer Sari M. Friedman is dedicated to guiding individuals and families through the divorce process in such a way as to cause the least amount of turmoil and emotional trauma all while protecting the interests and future of her clients.
Jump-To:
How Long Does The Divorce Process Take In New York
This is a common question asked by litigants, but it is not easy to give an answer because there are many variables that must be considered, including the conduct of the other party and/or their willingness to settle, delays caused by the courts in processing your paperwork, or delays in court if you and your spouse are unable to reach a deal without litigation. It is not possible to determine how long the divorce process can take until the divorce process is over and the judgement of divorce is signed by the judge presiding over the case.
However, these basic guidelines will help you understand how the process works. If you and your spouse are on amicable terms, and are able to sit down with or without attorneys and work out a deal, then it is simply a matter of filing the papers with the court, which entails waiting for the county clerks office to process your paperwork and then waiting for the judge to process and sign the judgement of divorce. Depending upon how busy the local clerks office is and also depending upon how busy the judge is, this process can take as little as three weeks or as much as 10 months.
More commonly, a litigated divorce action consists of the following:
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Step : Finalizing Your New York Divorce
In an uncontested divorce, once the defendant is served, he/she may respond in any of the ways mentioned below:
The defendant files his/her answer with the supreme court and also serves the plaintiff, which means that the divorce becomes a contested one.
The defendant signs the Affidavit of Defendant form, which means that he/she agrees to all the terms of the divorce and you can move the next step i.e. calendaring.
The defendant doesnt respond, which means that he/she has defaulted and you move to the next step of calendaring.
Preparing For Divorce Litigation And Court In New York
Clients need to be well-informed to help them prepare for divorce litigation and court in New York. Professional responsibility dictates that the divorce attorneys keep clients informed about all aspects and phases of their divorce litigation.
At Nolletti Law Group, our family lawyers work with the clients to define their objectives, outline the divorce process and our approach to their unique case, inform them about the likelihood of achieving those objectives, and provide experienced opinions as to how the court might rule on specific issues in their case.
As clients of Nolletti Law Group, we will make sure that you have a clear understanding of the discovery process and depositions. Before each and every court appearance, your attorney will explain to you its purpose, what to expect, and what issues will be addressed on that day.
If you have children, we make sure that you are aware that you may be parenting in a goldfish bowl meaning that your child-related actions and decisions may be subject to court scrutiny.
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Step : Initiating A New York Divorce
Documents Needed for Filing for Divorce
Some of the documents required for filing a divorce in New York areas below:
- Summons & Complaint or Summons With Notice: This is served on the defendant to verify that he/she has received the divorce documents which have been filed.
- Continuation of Healthcare Coverage Notice
- Notice of Automatic Order: This has a list of all the court orders which restricts both spouses from taking decisions until the divorce is finalized.
- Settlement Agreement : Used to negotiate all the property and child custody details before the trial.
If you are filing for divorce in New York and your divorce is an uncontested one, then you can use the following forms:
- If you do not have children under the age of 21 years and your marriage has ended for a minimum of 6 months, then you can make use of the DIY Uncontested Divorce Program to complete your divorce papers.
- If you have children who are under 21 years of age, then you must use the Uncontested Divorce Packet.
Filing Your Forms
Once you have signed the papers and the forms have been notarized, you must file them with the county court clerk along with the court fees. The county clerks office is where all the case files of the particular county are held for the supreme court. Some counties allow you to file your divorce papers electronically over the internet via the NYSCEF system. You can check the county list to see if you can e-file your papers.
I Have Custody And Want To Move Can I Relocate With My Child
As a custodial parent, you should never take your children and move away to a new county, state, or country without getting approval from the Court. You must be sure that your relocation does not conflict with the other parent’s custody or visitation rights.
Before relocating with your child, speak to a child custody attorney. It may be possible to petition the Court for amodification of your custody or visitation order. The court will consider factors such as:
- Your reason for relocating
- Your child’s relationship with you and the other parent
- How your relocation will affect the time your child spends with the other parent
- How the relocation will improve the custodial parent and child’s lives from financial, emotional, and educational standpoints
- How feasible it would be to maintain the relationship between the child and non-custodial parent following the proposed relocation
Friedman & Friedman also represents non-custodial parents seeking to prevent a damaging relocation of the custodial parent with their child. Give us a call at 873-4410 today for more information.
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