New York Divorce Forms & Papers

Divorce Papers > New York Divorce Forms & Papers

People filing for divorce in the state of New York, should be thoroughly aware of the state laws and the procedure to file a divorce. However in most cases the procedure to file a divorce in New York is overlooked because a divorce in New York can only be granted by the Supreme Court. New York divorce forms and papers however can be acquired online; nevertheless you need to contact a good lawyer who can help you complete the divorce without any hassles. One can also opt for a Do It Yourself divorce provided you are completely aware of the rules of the divorce and do not require professional help.

Residential requirements for the state of New York:

To obtain a no-fault divorce in the State of New York, any of the following must apply: If only one spouse resides in New York, at the time of filing the divorce, the residency requirement is two years. However, that requirement is reduced to one year if 1) the spouses were married in New York and either spouse is still a resident; or 2) the spouses once resided in New York and either spouse is still a resident; or 3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides. [Consolidated Laws of New York Annotated; Domestic Relations Laws, Sections 230 and 231; and New York Civil Practice Laws and Rules, Rule 503].

Grounds for divorce in New York:

The legal grounds for divorce in New York are: No-Fault: 1) living separate and apart for one year under the terms of a separation agreement which is in writing and signed and notarized. Proof of compliance with the terms of the settlement agreement must be submitted when the divorce is filed. In addition, a copy of the agreement or a brief memorandum of the agreement must be filed in the office of the clerk of the county; or 2) living separate and apart for one year under the terms of a judicial separation decree. [Consolidated Laws of New York Annotated; Domestic Relations Law, Section 170].

The grounds for a fault based divorce are: 1) abandonment for 1 year 2) adultery 3) imprisonment for felony for 3 years or more consecutive years 4) inhuman and cruel treatment

No matter what the reason for a divorce is, when opting for a Do It Yourself divorce you can either do an agreed divorce or a default divorce.

An agreed divorce is when, both the parties agree to the terms and conditions of the divorce. This kind of divorce procedure is most preferred because each spouse knows what is happening. The divorce document is signed by both the parties and they agree upon terms such as child custody, property distribution and parental responsibilities.

A default divorce on the other hand is not agreed by one of the parties. The other parties consent is taken as default without the need of the other spouse signing it. In a default divorce it is only one of the spouses who files and divorce and completes the entire process of attending the court hearing. It is also signed by the spouse filing for divorce. A default divorce is usually granted on the grounds of the other spouse being at fault and not maintaining the relationship as required by the court of law. The spouse filing for divorce in this case, usually gets what is listed in the divorce papers.

Procedure to file a divorce:

Like most states there are three simple procedures to file a divorce in the state of New York. This includes:

Filing for divorce
Notifying the spouse
Attending the court hearings as and when required

USE THESE WORDS IN THE COURT DOCUMENTS FOR NEW YORK

Use these exact words, all in capital letters: SUPREME COURT OF THE STATE OF NEW YORK, COUNTY
Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
Use the word "Plaintiff". Be sure the "P" is capitalized.
Use the word "Defendant". Be sure the "D" is capitalized.
Use these exact words, all in capital letters: JUDGMENT FOR DIVORCE
Use the word "County" here.

For detailed divorce laws in New York state, please see New York Divorce Laws page.

Free New York Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".