Filing for Divorce in NY

How to file for divorce in the sate of New York

Before you move forward with a permanent separation from your spouse, it is a good idea to make yourself aware of the specific procedures you need to follow when filing for divorce in your home state. Similar to every other state, the State of New York has specific laws and regulations to be abided by, when you file for divorce. The following information will give you a brief insight into the process of filing for divorce in New York State.

As a court approved and experienced divorce mediator in New York City, I can guide you through this unfamiliar process to ensure that your divorce filing is as smooth and problem-free as possible. For more information and advice regarding your specific situation, please contact me using the form below.

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Uncontested Versus Contested Divorce Filing

If you and your spouse are in agreement to file for divorce, then you will be able to file for uncontested divorce in New York – in which case you can acquire all of the necessary divorce papers online at www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml. You and your spouse will both be required to sign all of the forms in the uncontested divorce package. If you are capable of reaching mutual agreements regarding all proceedings after your separation (financial arrangements, child custody, child support, alimony, etc.) then you must simply submit the signed divorce papers to the courts for approval.

If, on the other hand, you and your spouse are incapable of reaching common ground on your own, you should consider using a divorce mediator. As your New York divorce mediator, I will facilitate communication between you, and together we will negotiate the terms of your divorce agreement until both of you are 100% satisfied with the arrangements.

If either you or your spouse does not wish to file for divorce, then you will have to file for a contested divorce. One of you will be the “plaintiff” – the one who initiates the divorce and states the legal grounds for doing so – and the other will be the “defendant” – the one who has the option to either consent, or defend against the divorce in court.

Whatever your unique case may involve, if both you and your spouse wish to end your marriage in a civilized, affordable and non-traumatic way, you should contact a court approved divorce mediator. Only with the help of a professional and neutral mediator you will be able to reach an agreement that will enable you to begin a new, clean chapter in your life.

Do you have a specific question about your situation? Contact me today by filling in the form below and I will personally provide you an answer within 4 business hours.

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Divorce Package

If you are ready to file an uncontested divorce, simply visit the New York State court website to download the divorce papers: www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml. There are detailed instructions available on the website to assist you with the forms. If you require any further assistance, you can contact me today by using the form found below.

When your forms are signed and filled out, you must submit them to the clerk at the New York City court office (or the court office in the county where you live). You will need to file your papers in two stages and pay fees to the court. First you will pay to obtain an index number, and then to file for a Note of Issue. Following these steps, the court will notify you once the judgement has been finalized.

Typically in the State of New York, finalization of divorce judgements can take anywhere from 60 to 90 days.

The Final Stages of Your Divorce

Once you receive notice from the courts that your divorce judgement has been approved and finalized, you must revisit the court to pick up a signed copy of your divorce judgement. For a small fee, you will be able to purchase a certified copy of the document.

There is one last form you will need to fill out in the uncontested divorce package: the Notice of Entry. Make sure both you and your spouse have a copy of the Notice of Entry form and the signed divorce judgement from the courts.

As your last and final step, you must file proof that you have complied with the Notice of Entry requirement. Once you have done this, your divorce is complete.

As a divorce mediator serving the Greater New York City Area, I have helped many couples reach divorce agreements together, without intervention from the courts. I can help you finalize paperwork on your own, and I can also assist you with final separation arrangements if need be.

Contact me today to schedule your free consultation and I will be happy to help you through the legal divorce procedure so that each of you can begin your new life chapters as soon as possible.

Schedule a free divorce mediation consultation >>