Where Do I Get Divorce Papers in New York?

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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.


Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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