How to Apply for a Divorce in New York

If you are considering applying for a divorce in New York, there are a few steps you need to follow. Here is a brief guide on how to apply for a divorce in New York:

1. Meet the residency requirements: In order to file for divorce in New York, you or your spouse must have been a resident of the state for at least two years. Alternatively, if you were married in New York and at least one of you has been a resident of the state for at least one year, you may also file for divorce.

2. Choose the type of divorce: In New York, you can choose to file for a fault-based divorce or a no-fault divorce. A fault-based divorce means that one spouse is blaming the other for the end of the marriage, while a no-fault divorce means that both parties agree that the marriage has irretrievably broken down.

3. Complete the necessary forms: You will need to complete a divorce petition (Form UD-1) and a summons (Form UD-2). These forms can be found on the New York State Unified Court System website.

4. File the forms: Once you have completed the necessary forms, you will need to file them with the Supreme Court in the county where you or your spouse lives. You will also need to pay a filing fee, which varies by county.

5. Serve your spouse: After filing the forms, you will need to serve your spouse with a copy of the divorce papers. This can be done by mail or by hiring a process server. You will need to provide proof of service to the court.

6. Wait for a response: Your spouse will have 20 to 30 days to respond to the divorce petition. If they do not respond, you can ask for a default judgment.

7. Negotiate a settlement: If your spouse does respond, you will need to negotiate a settlement on issues such as child custody, visitation, support, and property division. If you cannot reach an agreement, you may need to go to court.

8. Finalize the divorce: Once you have reached an agreement, you will need to submit the paperwork to the court for approval. The court will issue a judgment of divorce, which will legally end your marriage.

It's recommended to consult with a divorce attorney if you have any questions or concerns about the divorce process.