Divorce Packet for Divorce in NY

Divorce Packet for Divorce in NY

Divorce Packet for Divorce in NY

Getting a divorce is never a simple matter and money is one of the biggest reason's you will put a divorce off. There are alternatives that are less costly though if trying to obtain a divorce in NY.

You can simply go to you County Clerk's office if you are a resident in New York and obtain your own copy of an uncontested Divorce packet. These are free, except for the occasional .25 fee for copying.

Don't become discouraged at what appears to be a mountain of paperwork. It isn't really a lot. Inside the big package is a smaller package which is titled: Filing Instructions and with that a glossary. This makes it easier to understand for most anyone.

A tidbit about the Divorce packet you may be interested in as far as cutting expense is this: Public assistance recipients or anyone with an income of less than four hundred dollars per week can file under the status of "Forma pauperis." You may even qualify for help from the Public Defender's office or the county's Legal Aide Society for free. This helps out those that cannot afford the price of the divorce index number or the filing fees you're required to have when obtaining your divorce in NY.

For obtaining your divorce in NY, you'll also need to cite causes for the divorce grounds. There are two types of abandonment and either or both are the best causes of action when trying to obtain an uncontested divorce.

One type of abandonment is continuous abandonment, and as the name explains, it is where the ex-spouse-to-be was gone for a year or more without any knowledge to the other party being expressed before abandonment occurred. This type of abandonment can include jail time done by the spouse.

There is another abandonment ground known as constructive abandonment. This type of abandonment is your spouse refusing for the length of one year or more to engage in sexual relations between the two of you.

Roughly, 60% of the Divorce packet contains paperwork pertaining to children and child support. If you do not have children then this paperwork can be removed from the package. Now your divorce in NY can be much simpler and quicker.

After you have completed the paperwork and filed it in the courts the divorce can proceed in sixty to ninety days, assuming your spouse agrees to the "Affidavit of Defendant," admit to Summons & Complain papers and waives any other paperwork in the divorce action. They are allowed to be given a copy of the final decree of divorce.

You are allowed to type up an agreement for the other spouse to sign declaring property division. This includes any child support payments, splitting the personal assets or profits from the proceeds of selling personal assets; such as houses, cars, jewelry, etc. This will go to the courts with the second part of your Divorce packet.

Once the spouse has their portion of the paperwork to sign and notarize, they have forty days to reply on it. Great if they do, but if they do not you can still file under "Default" status.

When all the paperwork in your Divorce packet is signed and filed you will get the Divorce Order from the courts. You will then file for your Certificate of Dissolution of Marriage. The signed judgment will be entered in your County Clerks office and your divorce in NY will be finalized. Congratulations! You are now single again.

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