See if you Qualify in New-york
Online Divorce provides qualitative and approved by the court New York divorce papers. The information below will help you understand more about the divorce in New York. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in New York. We guarantee that in a short time you will receive the correct New York divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next
Below you can find common steps of how to get divorce in New York:
1. First of all you have to be to be lawfully married. Rules of the state of New York allow couples to file for a divorce in New York only in case if they are were married legally.
However, it does not matter where the wedding ceremony took place. You could get married in some other state, the main thing is that your marriage is recognized by the laws of New York.
2. Both parties must meet the residency requirements of the state of New York.
3. You must have fault of no-fault grounds based on which you want to file for a divorce in the state of New York.
4. You must come to a common agreement with your spouse regarding the issues of custody of child, child support, payment of alimony and property division. If this is done, then you can formalize an uncontested divorce. If there is no single agreement on any issue, then you file for a contested divorce, which means that the court will independently decide on all your disputes.
5. You have to fill out New York divorce papers. This is one of the longest and most time consuming processes, because what kind of documents you should fill out will depend on the type of your divorce. It does not matter, either it is uncontested, or it is a contested divorce, you still need to fill out the forms established by the law of the state of New York. Please note that if you make mistakes when filling out forms or fill out documents that do not relate to the circumstances of your divorce, the court will reject your application, which will lead to the fact that your divorce proceedings will be delayed. However, do not be afraid, you can initiate an online divorce in New York using the online divorce service, simply by answering questions about your marriage. In this way it can greatly speed up the process of divorce, as well as give you guarantees that you will receive correctly filled papers that correspond to the circumstances of your divorce.
6. Once your New York divorce papers are ready you have to file them to the court. And wait while the court will take a decision regarding your case.
If you want to apply for a divorce in the state of New York, then you must fit at least one of the following criteria:
1) You or your spouse has resided on the territory of the state on a permanent basis for 2 years before the date of submission of the divorce form documents;
2) You or your spouse resided on the territory of the state on a permanent basis for one year and you were married in the state of New York, or the grounds for divorce took place on the territory of the state, or as a couple you were leaving in New York.
3) The grounds for your divorce took place in the state of New York, as well as both you and your spouse were residents of the state at the time of filing for divorce in the court.
Valid Grounds to get divorce
In New York courts recognize both no-fault and fault grounds. To the no-fault ground belongs: irretrievable breakdown of marriage for a period of not less than 6 months. This means that all disputable issues in the pair must be resolved such as: custody of the child, the division of property and assets as well as spousal and child support. Note that spouses also have to live separately more than 6 months.
The main fault grounds include:
1) Cruel behavior of one of the spouses or domestic violence. This means that during your divorce in New York you must prove to the court that your spouse has treated you cruelly and you are worried about your life or the life of your children (if any). You will have to prove in the court that you spouse is physically or mentally dangerous and you do not feel safe.
2) One of the spouses left another for more than 1 year. Which means you were abandoned by your spouse for a year because your spouse left the house without trying to return or resume the relationship. Please note that you should add any papers to your divorce form documents that can prove this fact.
3) Imprisonment of one of the spouses for a period of more than 3 years, provided that the spouse is imprisoned after marriage is registered. Please note that you can apply for a divorce in New York using on this ground, even if your spouse is already released from prison, but not later than 5 years from the date of his / her release
4) Adultery of one of the spouses during the marriage. However to prove this ground during your divorce will not be easy. You need not only to describe it in your New York divorce papers, but probably hear evidence from a third party in court.
Sometimes instead of getting a divorce in New York, the marriage can simply be canceled. This can happen in the event that the marriage has no legal force, which means that New York State laws do not recognize it, marriage is considered to be void. Below are listed grounds which can determine the marriage is void:
1) At the time of marriage, at least one of the spouses has not reached the minimum legal age, from which it is permitted to marry, while he did not have permission from the parents or the court to marry.
2) A spouse could not consent to get marry because of some psychological illness. Or he / she acquired a serious mental illness after marriage, which lasted more than 5 years.
3) If one of the spouses was forced to marry, which means that he ‘ she did not give consent to this.
4) Consent to marriage from one of the spouses was obtained fraudulently.
If you want to annul your marriage, then you should fill certain divorce form documents, where you must indicate all the circumstances that led to your desire to terminate the marriage. If you experience smudges, uncertainty or even fear, you can always use the service of online divorce in New York, which will prepare all your papers in a short time and in accordance with state regulations.
Custody of the Child
If the children are involved into divorce in New York it can be very stressful for them. Thus the decision on custody of the child is made based on what is best for the child. Note that custody is considered only for children who are under 18 years of age.
Custody can be of two types: legal and physical. Legal means that the parent has the right to make important decisions in the child's life regarding his education, health insurance and religion. If this kind of custody is awarded to both parents, then they equally make decisions about the child's future.
Physical custody determines with whom of the parents the child will live after divorce more than 50% of the time. For a parent who has not received physical custody, the court will offer visitation of the child.
In addition, a parent who potentially has custody of a child may wish to move to another city. This factor will also be considered by the court. Do not forget that in your divorce form documents you must specify all the circumstances of the case. Any rights of parents are an important factor in making a decision during the divorce in New York. Thus, you need to describe in all details the situation with children that take place in your marriage. The relationship between parents and the child after the divorce can change greatly, so the courts are doing everything to ensure the child with the most comfortable conditions after the parents' divorce in New York state.
Rules for Child Support
A New York court may require one of the parents to pay alimony for a minor child, as well as cover his medical insurance. The income of both parents is taken into account when calculating alimony. Financial support for the child continues until he reaches age of 19 years. Which parent pays support and its size depends on the following factors:
1) financial resources of both parents, as well as the difference in their income;
2) the special needs of the child, his mental and physical condition;
3) financial sources of parents;
4) additional expenses for the child;
5) the needs of other children of spouses who were born not in marriage;
Rules for Spousal Support
The court may award one of the spouses to pay alimony to another, depending on the following circumstances:
1) the sources of income of each spouse;
2) professional skills of each spouse and sources of profit;
3) age and level of health of the spouses;
4) the presence of children in marriage;
5) duration of marriage
If you decide to get a divorce in the state of New York, you will have to share the joint property which you and your spouse have acquired in your marriage. New York State law on joint property is enough fair and in most cases the property of the spouses is divided in half. Nevertheless, in order to make a fair decision, the court considers many factors. For example: type of ownership, current financial condition of spouses and their possible state in the future, income of spouses, age of each spouse, duration of marriage. The presence of custody of children can also be of considerable weight. Sometimes when deciding on real estate, the court can decide in favor of the spouse who is the guardian of a minor child born in a marriage.
Please note that under the division property falls both movable and immovable property acquired by the spouses in the marriage, as well as monetary assets and financial liabilities or debts. It should also be taken into account that if it is a private property, that is, which can be considered as a property that is not common (for example, if the spouse has inherited anything), then such property will not be shared, but will belong entirely to the owner.
Please note that in order for your property to be divided honestly and to avoid situations where you may lose a property that is meaningful to you, you should correctly fill out the divorce form documents. This is a long and scrupulous process, which may require you to have additional knowledge in law. If this makes you uncomfortable or you do not quite understand how to fill out the documents, you can always trust our service of online divorce in New York. Be sure that we will do everything for you so your New York divorce papers will be drawn up correctly, as a result of which the court will register them immediately. With onlinedivorce.com, you are sure to save your time, money and nerves, as well as receive guarantees for the rapid completion of divorce, in accordance with state conditions.
During the divorce in the state of New York, you can use the services of mediators, which means that in your divorce will participate a third party, whose goal is to resolve all sorts of contradictions between spouses. Keep in mind that mediators are a neutral side and do not take sides of any spouses, their main task is to reach an amicable settlement in a couple at the divorce in New York. Please note that it is not possible to use the services of mediators if there were facts of violence or ill-treatment in the family.
Divorce without a lawyer in New York
If you apply for a divorce in New York, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of New York can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. To simplify the process, you can initiate an online divorce in New York. Our service will help you quickly prepare all the necessary divorce form documents, which will greatly accelerate the process of your divorce.
Divorce Forms in New York
On the website of the State of New York, you can find all the necessary information on divorce with the help of the DIY program, passing the instruction step by step. Nevertheless, you still have to fill out a large number of divorce form documents, including forms such as
Summons With Notice or Summons form, as well as the Verified Complaint. If you want to go through the process of registering the divorce in New York as quickly as possible and get your forms online correctly filled, it makes sense to use the services of Online Divorce. We guarantee that we will help you to fill out those New York divorce papers that are required by the state, as well as to make sure that your forms are filled correctly, in accordance with the law. Note that onlinedivorce.com is one of the best providers of online divorce in the state of New York. With our help you will save a significant amount of money, time and effort. Online Divorce makes your divorce in New York simple and convenient.
Uncontested Divorce in New York
Remember that there is also an easier and quicker way to get a divorce in New York. For example, you can initiate an uncontested divorce. This means that before the filing petition to the court, you and your spouse have signed all the papers where there are settled all issues of property division, custody of the child, and financial support. By signing these divorce form documents you mean that you have discussed all the contentious issues with your spouse and come to a common decision.
In cases where both spouses agree with the conditions of divorce and have no claims to each other, the divorce will be called "amicable divorce". Which means that all disagreements are resolved in a friendly manner. This kind of a divorce in the state of New York is also known as "collaborative divorce."
In the situation where you and your spouse do not have a single solution to the contentious issues or you have disputed that can be resolved without the involvement of a third party, than your divorce will be called contested and the court will independently decide on your differences.
How to Serve Divorce Papers in New York
Legislation of the state of New York obliges the person who submits for divorce, to notify his spouse about the registration of the divorce case. You are required to provide your spouse with all copies of New York divorce documents that you submitted to the judicial office. You have to do it during 120 days starting from the date when you’ve registered your case in the court.
Keep in mind that you can notify your spouse about the initiation of divorce in several ways: it can be the services of a sheriff or a constable,or ways of public disclosure, such as an ad in a newspaper. Note that your serve ways should be personal, which means that your spouse should receive all the divorce form documents into his / her hands.
In case if you want to get a divorce in New York but do not know your spouse's location, you can order a publication in the newspaper that will be sufficient evidence of the fact that you have notified your spouse. However, keep in mind that this can be quite an expensive way.
After you have submitted your divorce form documents to the court, you can be required to wait at least 60 days until the court issues divorce decision.
Remember, if your spouse signs a form that claims to have been provided with copies of all divorce registration documents, you are able not to use the service requirement.
Total fees will contain sum of New York court filing fees and cost of using the service of online divorce in New York. This cost may vary by county. Please check with your local court officer to determine the exact amount.