Divorce Information & Frequently Asked Questions

This page offers fundamental information about getting divorced, and abroad overview of the divorce process in New York. It is advisable to explore divorce resources specific to your county, and specifically to speak with a top-rated divorce lawyer also. Please note that certain counties may have distinct forms and filing instructions. Before initiating the filing of your divorce papers, it is recommended to reach out to the Supreme Court clerk in the county of your residence for comprehensive and accurate information. 

What is a divorce? 

Divorce marks the legal termination of a marriage through a court order, known as a matrimonial action. The initiating party is referred to as the plaintiff, while the other spouse is identified as the defendant.

Where do I go for a divorce? 

The Supreme Court of the state of New York exclusively handles divorce cases, and only a Supreme Court judge possesses the authority to grant a legal divorce. Filing for divorce should occur in the Supreme Court of the county where either you or your spouse currently resides. Family Court does not manage divorces but can assist with child support, child custody, child visitation, spousal support, and paternity matters. To determine the appropriate court for your specific concern, refer to CourtHelp.org. 

What is an annulment? 

Dissimilar to divorce, which concludes a valid marriage, an annulment declares the marriage as legally void, with distinct grounds that differ from those of divorce. To secure an annulment, you must substantiate One of the following:

 

 

Either spouse was incurably unable to engage in sexual intercourse at the time of marriage. Spouse is unable to comprehend the nature, effect, and consequences of marriage due to mental incapacity. 

For information on religious annulment, consult the faith that officiated the marriage. Annulment is defined in Domestic Relations Law §140. If you are seeking an annulment, it is advisable to consult with a lawyer, as the court does not supply forms for this process. 

How do I start a divorce case? 

To initiate a divorce case, you must purchase an Index Number from the County Clerk's Office and submit a Summons with Notice or a Summons and Verified Complaint (detailing the reasons for the divorce). Following this, enlist another individual over the age of 18, not involved in the case, to serve the divorce papers to your spouse. For comprehensive details on filing fees, paper completion, service procedures, scheduling your case, and other protocols, diligently adhere to the Uncontested Divorce Forms Packet Instructions. Alternatively, consider utilizing the DIY (Do-It-Yourself) Uncontested Divorce Program if your divorce is uncontested, your marriage has been terminated for a minimum of six months, there are no children under 21, and all matters regarding marital property, including debt, have been resolved. 

Do I need a lawyer to get divorced? 

Given the complexity of divorce law, it is advisable to consult with a lawyer, even if you anticipate an uncontested divorce. In instances where you and your spouse have resolved all financial and parenting matters without legal representation, you can utilize the free Uncontested Divorce Forms Packet. Before proceeding independently, carefully review the Uncontested Divorce Forms Packet Instructions. The DIY (Do-It-Yourself) Uncontested Divorce Program is also an option if you are filing for an uncontested divorce, with your marriage concluded for at least six months, no children under 21, and all marital property issues, including debt, settled. 

For cases involving parenting or financial issues, consider alternative dispute resolution (ADR) methods such as divorce mediation or collaborative family law. These out-of-court approaches often save time and money, alleviate stress, and may enhance post-divorce relationships between parents and their children. It's important to note that ADR may not be suitable for cases involving domestic violence, child abuse, or situations where one spouse cannot be located.

You should always consult with a lawyer before making any legal decisions 

 

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