Getting divorced in New York involves several legal steps. First, you must meet the residency requirements, which determine whether the state has jurisdiction over your case. Next, you need to establish the grounds for divorce—New York allows both no-fault and fault-based divorces. No-fault divorce is based on an irretrievable breakdown of the marriage for at least six months, while fault-based grounds include adultery, abandonment, cruelty, or imprisonment.
After deciding on the grounds, one spouse (the plaintiff) must file a Summons and Complaint with the court and serve the other spouse (the defendant). The defendant then has time to respond. If both spouses agree on issues like property division, child custody, spousal support, and child support, the divorce can be uncontested, allowing for a quicker and simpler process. If there are disputes, the divorce is contested, requiring negotiation, mediation, or court intervention.
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