Sometimes, despite our best efforts, terminating a partnership may be the only feasible solution in the end to protect your happiness. Such a decision may arise due to a variety of reasons, such as irreconcilable differences or conflicting interests. If a divorce is imminent, it’s in your best interest to connect with an experienced Suffolk County Divorce & Separation Attorney who can help you navigate this complex legal process. Please continue reading to learn how to initiate divorce proceedings and get divorce papers in New York. 

How Do I File for Divorce in New York?

Dissolving a marriage in New York is no easy task, as you will have to follow the statutes and procedural rules to accomplish your goals. For New York courts to take your case, it’s crucial to understand you will have to demonstrate that either you or your spouse have lived in New York for at least a year before you filed for divorce. Essentially, you must meet the residency requirements. From here, you will have to provide the court with the grounds or reasoning for getting a divorce. New York recognizes the following grounds for divorce:

  • Irreconcilable differences
  • Adultery
  • Abandonment
  • Inhuman and cruel treatment
  • Imprisonment for three or more consecutive years after the marriage
  • Institutionalization

The first step to initiating divorce proceedings is filing the initial petition with the proper court. This petition is called a Summons and Complaint. Once you file the complaint, you must ensure your spouse knows about the divorce. Therefore, you need to serve them divorce papers in person. They must be served within 120 days of the filing date. It’s crucial to note that you can’t personally serve your spouse. Instead, you must have another person who is a resident of New York and at least 18 years old deliver the divorce papers to your spouse.

Does My Spouse Have to Respond to Divorce Papers?

If the divorce is uncontested or your spouse agrees to the divorce, they must file a response with the court within 40 days of receiving the papers. If your spouse fails to respond, it could result in a default judgment. In a default judgment, due to the participation of only one spouse, the exact terms of the divorce settlement will be determined by the petitioner. However, if a spouse files an answer disagreeing with anything stipulated in the divorce papers, the divorce will go from uncontested to contested.

If you’re considering a divorce, please don’t hesitate to contact a determined attorney from The Law Offices of Susan A. Kassel, P.C., who can help protect your rights and interests during this process.