New York Divorce Steps
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A divorce in New York is completely based on the guidelines of family law. Till the year 2010, New York divorce laws had permitted a fault divorce only. That means, if a couple wants to get a divorce, the marital faults like adultery, cruel behavior, etc have to be proved in the court. But, since 2010, New York laws allow a no-fault divorce that is divorce granted without proving any of the party guilty of breaking the marriage. There are some legal required steps that need to be taken while completing the process for divorce.
Residency requirements for divorce in New York
Residency requirements are conditions of stay in the particular state to become eligible for an application of divorce. New York residency requirements can be sated as follows:
- If the couple has married in the state and residing in New York for a while, the condition is of one year
- If any of the partner is residing in the state and other one is staying out of the state, the requirement is of two years
- If both partners are residing in the same state while applying for a divorce, the condition is of one year of residence
Brief idea of divorce steps in the New York city
- The divorcing couple must approach the office of the county clerk in the Supreme Court located at downtown Manhattan
- In this office, the couple must carefully read and completely fill the Judgment of Divorce paperwork. This document comprises of nine pages
- Each divorcing partner serves this document to the other
- The divorcing partners must buy an index number
- There is a notary in the premises of the court. Here, the partners must have their signatures notarized
- Above the county clerk's office is a filing office where the partners must file a Note of Issue and the paperwork and the purchased index number
- Then, the divorcing partners have to wait for about two to three months
- During this period, the judge signs the paperwork regarding all issues
- The court mails the divorcing partners that the divorce is final
- Then, the divorcing partners can approach the courthouse and buy a copy of the divorce paperwork for self records
Some essential points about New York Divorce Steps
- The divorcing partners should take the necessary steps to reach an agreement regarding the visitation and living plan for their children on a temporary basis. If they fail to do so, any one partner may file a motion for temporary relief in the family or Supreme Court.
- It is strongly recommended that the divorcing partners should undergo mediation for a peaceful resolution of their issues. In order to find out the details of the mediators in the state, the divorcing partners may approach the New York State Council
- The divorcing spouses must collect all financial records pertaining to assets, pensions, debts, taxes and income. This information is to be disclosed in the court obligatorily when asked to do so
- Each divorcing partner must ascertain that the other spouse is not removing the assets. In case, of any doubt regarding this topic, the divorcing partner in doubt must place the assets in a secure location
- Prior to embarking on the course of divorce steps, the divorcing couple is advised to consider legal separation. Legal separation is valid in New York and it comes into effect immediately after it is approved by the court. At the end of one year of the legal separation, it can be converted to a divorce
- Each divorcing partner must try his / her level best to discuss and reach a mutual agreement with his / her spouse regarding child custody and distribution of assets and debs
- When a person finalizes that he / she would attempt divorce, he / she must contact a lawyer. During the discussion with this lawyer, he / she must get known his / her rights regarding child support, child custody, maintenance and equitable distribution
- Both the divorcing partners must ensure that their children are realizing what is happening in their lives. The partners must take steps to ascertain that the children understand that their parents still love them and that the divorce is not the fault of the children. If the parents feel it essential, they must offer therapy to the children.
New York divorce authorities not only serves as a guide for divorcing couples, but also ensure that a correct procedure for divorce is followed in the state. New York divorce steps include the counseling and mediation processes also. Though, the legal requirements for divorce are little complicated, a proper study and professional help can assist you to understand them in a better manner.