Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Nov 20, 2023, 8:04pm
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The New York State Department of Health reported more than 54,133 divorces in New York over the course of a year, so ending a marriage is very common in the Empire State.
If you or your spouse no longer wish to be married, it is important to understand how to get a divorce in New York. This guide explains all that you need to know to navigate the legal process.
You can get a divorce in New York only if you have sufficient connections to the state. Otherwise, the court does not have jurisdiction over your case.
To meet residency requirements, any one of the following must be true:
Here are the possible grounds, or reasons you can list on divorce papers, for why your union should come to an end:
You need to obtain a divorce from the Supreme Court in New York—the New York court system’s highest court is the Court of Appeals, so the Supreme Court in the state is not the equivalent of the federal Supreme Court and is more like a district or county court in other states.
You should file for divorce with the Supreme Court in the county where either you live or where your spouse lives currently. The NYCourts Court Locator can help you to determine where you should file.
You must buy an Index Number at the County Clerk’s Office to initiate divorce proceedings and must file required legal documents including a Summons with Notice or a Summons with Verified Complaint.
Your spouse must be served with divorce papers and provided with the opportunity to respond to the court.
If you file for divorce, your spouse must be served with papers or provided with proper notice of the court action you have initiated. There are different ways to serve your spouse including the following:
Whoever serves the papers must complete the Affidavit of Service. It is important to make sure the defendant has received notice so they have an opportunity to respond. If you don’t know where your spouse is, you can ask the court to allow other types of service, including service by publishing a notice in a newspaper.
You have a choice of a contested or uncontested divorce in New York.
An uncontested divorce means you agree on all legal matters raised, including child custody and support, alimony and division of property. This is a cheaper and quicker way to get divorced and is likely to lead to better outcomes since decisions are made by compromising with your spouse.
A contested divorce means the court must decide at least some legal issues. This can be more expensive since a court hearing is required. You and your spouse will both be bound by the court’s decision, even if neither of you are entirely happy with it.
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New York does not have a waiting period for divorce proceedings. However, depending on your grounds for divorce, you may need to meet certain requirements as far as time apart. For example, if you are divorcing based on irretrievable breakdown, you must show the marriage has been broken for a minimum of six months. If you use separation as grounds, you must be separated for a year.
Getting a divorce in New York can be complicated. Getting professional help is recommended. An experienced family law attorney who has handled many divorce cases can guide you through the specifics of the New York divorce process. The New York State Bar is a solid place to start.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
AdvertisementIn New York equitable distribution rules determine how property is divided. Unlike community property states, equitable distribution states don’t just divide all martial property 50/50. The goal is to arrive at a fair division of assets and debt based on many factors, including the length of the marriage and the contributions made by each spouse.
Alimony is sometimes available when you get a divorce in New York. The court may temporarily or permanently order a higher-earning spouse to provide support to a lower-earning spouse. The court will do this if there is an earning disparity that is likely to persist or if one spouse needs support while re-entering the workforce or undergoing career training to become self-supporting.
A New York divorce generally takes several months to complete. While there is no specific waiting period for a dissolution of marriage, you may need to be legally separated for a year or have experienced an irretrievable breakdown of the marriage for at least six months to be granted a divorce, unless there are other grounds for ending your union.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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