Before you file for a divorce in New York State, you must (meet) the residency requirement and (have a reason for divorce); a legally acceptable requirement. We've helped hundreds of clients obtain quick, easy and convenient divorces without needing to appear in court or visit the office. Divorce after a legal separation agreement: Divorce after a separation agreement is another basis (reason) for divorce. You don't need to have one of the fault-based reasons listed above.
To file for a divorce, you and your spouse must have filed a valid separation agreement (which we recommend drafted by an attorney, since there are many specific requirements you must meet to be valid) or one of the spouses can request a court-ordered legal separation. You must also live separately and separately for one year after the agreement or court order before you can get a divorce.4 To understand what a separation agreement must include in order to be considered a reason for divorce, it is best to consult an attorney. Your divorce action begins when you purchase an index number and file the subpoena with the county clerk's office. Next, you must give your spouse a copy of the subpoena and hand them the document in person.
It's important to determine where your spouse is. If you live in the state of New York, the server must be a resident of the state of New York, be over the age of eighteen and CANNOT be a party to the lawsuit (that means you cannot hand over the subpoena to your spouse). New York is now a no-fault divorce state. This means that you can get a divorce on the grounds that the marriage has been irretrievably broken.
If you're filing for an uncontested divorce and you think your spouse won't disagree with anything, then you can file for it without the help of an attorney through the do-it-yourself divorce without challenge program, available on the New York State Courts website. An uncontested divorce is one in which the spouse (husband or wife) does not discuss any aspect of the divorce. Before you file for a divorce in New York State, you must (meet) the residency requirement and (have a reason for divorce); a legally acceptable reason for divorce. If your spouse's bad behavior matches the reasons for the divorce (see above), you can file for a divorce on those grounds.
Limited divorces are much like an absolute divorce with the main difference that the parties cannot remarry. You can also visit the New York courts website for more information on divorce, including an informational video, divorce forms and a glossary of legal terms. To obtain a limited divorce in New York, you must comply with residency requirements, grounds, and other legally prescribed laws, just as you should in an absolute divorce case. If you have a low income, you can get an attorney appointed during the divorce, but only to handle the custody and visitation part of the divorce lawsuit, not the division of property or the support parts.
Each divorce case is based on its own merits and, in general, the acts or conduct on which the divorce is based must have occurred within the past five years.