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New York
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New York Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
New York Residency Requirement
According to the New York Divorce Laws and
New York Divorce Guidelines,
If only 1 spouse resides in New York at the
time of filing the divorce, the residency requirement is 2 years.
However, the requirement is reduced to 1 year if:
(1) the spouses were married
in New York and either spouse is still a resident;
(2) the spouses once resided in New York and either spouse is still
a resident;
(3) the grounds for divorce arose in New York.
In addition, there is no residency time limit requirement if both
of the spouses were residents of New York at the time of filing
the divorce and the grounds for divorce arose in New York.
Place of Divorce (Venue)
The case may be filed in:
County where either spouse resides
Simplified or Special Divorce
Procedures
A summary divorce may be granted in New York
if:
(1) the spouses lived apart for 1 year under the terms of a separation
agreement and
(2) satisfactory proof is submitted to the court that the spouse
seeking the divorce has substantially performed all the terms and
conditions of the separation decree or separation agreement.
In addition, New York requires a financial disclosure to be filed
in every divorce action.
New York Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Living separate and apart for 1 year under
the terms of a separation agreement which is in writing and signed
and notarized [proof of compliance with the terms of the settlement
agreement must be submitted when the divorce is filed. In addition,
a copy of the agreement or a brief memorandum of the agreement must
be filed in the office of the clerk of the county] or
(2) living separate and apart for 1 year under the terms of a judicial
separation decree
Grounds for Fault based divorce:
(1) adultery
(2) abandonment for 1 year
(3) imprisonment for 3 or more consecutive years
(4) cruel and inhuman treatment
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in New York, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by New York divorce guidelines and New York divorce
laws, is a scenario where the spouses agree on the terms of the
divorce such as New York property distribution, New York child
support, or New York child custody. Most of our clients (75%)
prefer the Agreed Divorce method and both spouses sign the divorce
papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the New York
divorce guidelines and New York divorce
laws, is a divorce where the other spouse doesn’t sign the New
York Divorce forms or New York divorce papers, he/she doesn’t
do anything at all with the divorce. They simply default on the
case and the spouse who files for divorce gets whatever was asked
for in the original paperwork.
Process to file for Divorce in
New York
There are only three basic procedural steps to a divorce:
- File New York Divorce Papers (New York
Divorce Forms)
- Notify Spouse of your filing for divorce
in New York
- Attend your New York divorce hearing
New York Child Custody
Simple Definitions: (source: New York divorce guidelines and New
York divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
New York Child Custody in a shared arrangement,
in one form or another, is the preferred method of our New York
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
New York Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the New York Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a New York divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in New York.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in New York.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in New York often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in New York, fees must usually
be paid when you file the New York divorce forms and New York divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a New York divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
New York, you will almost always be the one to cover the court fees
which is standard procedure.
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| 2 |
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| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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