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Your New York Divorce Laws 2017

Discover Your New York Divorce Laws and Save Money… ….by Gaining The “Know-How” of the New York Divorce Process

 

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 , as described in the New York divorce guidelines and NY divorce laws, is when the other spouses agrees to the terms of the divorce such as New York property distribution, New York child support, or New York child custody. Most of our customers (75%) prefer the Agreed Divorce method when the spouses sign the divorce papers and are agreed to the divorce.

  • A Default Divorce , from the New York divorce guidelines and NY divorce laws, is a divorce where your spouse doesn’t sign the New York Divorce paperwork or New York divorce forms. They simply doesn’t do anything at all… with the divorce. They simply default on their side of the case. And YOU who filed FIRST get whatever you ask for in the originally filed divorce forms. NICE

The Missing Spouse Problem
If you don’t know where your spouse is currently located…in the USA or outside the USA… you may still get a divorce in New York. It may involve the extra expense of running a newspaper ad or something similar, but it is doable and we help clients through the process everyday.

Wife’s Maiden Name
The Wife can receive her Maiden Name returned to her during the divorce. It is optional. We include this maiden name change in our divorce service for FREE. Often divorce in New York includes a maiden name change.


 

New York Divorce Resources
Here are the important divorce resources for New York:

 

The Divorce Process to File Your Divorce in New York
There are only a couple basic steps to a divorce:

  • File Your Divorce Papers for New York at your Local County Courthouse (New York Divorce Forms)
  • Notify Spouse by Service of Process of your filing for divorce in New York
  • Attend your New York divorce court hearing. That is it!

 

How The New York Divorce Service Works

Divorce Process in New York

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Child Custody Laws in New York
Non Legalese Definitions: (source: divorce process in New York and NY divorce laws)

  • Visitation is the Plan both spouses have on WHERE the children will live and WHEN the children will see each parent
  • Legal Custody is different than Visitation. It is the ability to make decisions in the lives of the children. Such as, which church they will go to and where the children will attend school.
  • Physical Custody Is the choice of where the children will live and which parent they live with.

New York Child Custody in a shared arrangement, is the usual preferred method of our New York divorce clients. If a sole-custody arrangement is what you would like, then there is usually a very good reason for it. Usually the financial status of a parent is not usually considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody is to be awarded according to the “best interests of the child.” That is the gold standard.

Your New York Child Support Laws
If the 2 spouses are unable to agree to a specific $amount of child support, there are New York Child Support Guidelines that determine the amount for you. The guideline amount is supposed to arrive at a support amount that is in the child's best interest. However, most divorcing couples agree to a $number on their own, that will work just fine. Also NOTE, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a New York Legal Separation

New York Child Support Calculator
You can calculate your child support in New York right here.
New York Divorce Laws for Property Distribution
In an "Agreed Divorce" or "Default Divorce" the marital property is to be divided so that spouses agree on how to divide it. The main focus here is to agree on the division of the property…so that it doesn’t create a big fight that one party will want to go to a New York divorce lawyer to make the divorce into a “Contested Divorce.” Then YOU will have to incur the fees of a lawyer too. Which can be huge.

  • Debts Most couples going thru a divorce, set out who will pay what debts as part of their Marital Settlement Agreement (MSA), and close all of their joint bank accounts.
  • New York Alimony Laws (New York Spousal Support Laws) In an Uncontested “Agreed or Default” Divorce, spousal support may be awarded to either spouse for their maintenance and support. Both parties must agree to it however…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. In the New York divorce laws for alimony, it is possible for alimony to be paid in one lump sum payment OR the use of a payment plan has become popular in the last 10 years as well. Alimony is not required for a person to get divorced in New York.

Your Local County Court Fees
When filing for divorce on your local county, court charges some necessary fees. They go to pay the clerks and the judges and this usually range is between $75 and $200 to file a divorce. Every county does vary. So the best way to know is to call your county in the blue government section of your phone book. 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 be paying your own filing fees.

 

Divorce Laws and Guidelines

 

 

 

 

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1 After you order, send in your information via the simple Divorce Questionnaire.

 

2 We complete your divorce forms in 2-3 business days and email them back for your review.

 

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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Free Divorce Booklet

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Common Questions

Common Questions
 

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