Simple Divorce NY Overview; Of the Basics

Simple Divorce NY Overview; Of the Basics

There are basics to follow when a couple decides to go their own way and no longer be married to one another. These results in divorce and the rules of divorce differ from state to state. Following is a simple overview of the basics when trying to dissolve a marriage by being granted a divorce NY.

There are certain residency requirements that must be satisfied before you can get a divorce NY style. This residency requires that the couple, one or the other, sign a Separation Agreement that must be filed with the local County Court Clerk. Then the couple must live at different residences for the next year before the divorce can be filed.

There are also other residency requirements to be followed before being granted a divorce in NY.

The marriage ceremony must have taken place in New York State with at least one spouse being a resident of the state for a year before the marriage ceremony.

The couple could have lived as husband and wife in the state for at least a year prior to attempting to gain a divorce.

It is possible to commence with a divorce in NY if both parties are residents at the time of the action.

Or, if marriage occurred in a state other than New York and neither lived in the state while married, one or both spouses must reside currently in New York and have resided in the state for an amount of two years before filing the case for divorce in NY.

There are some simple but specific rules governing the serving of your spouse with the summons and complaint for divorce in NY.

The court must have jurisdiction over your spouse.

To begin the divorce you must purchase an index number and you must file your summons with the local County Clerk.

The spouse must personally be served with the summons. It is a much easier process when you know your spouse's address. You cannot serve your spouse with a summons yourself. The person that does must be a New York resident and be of legal age in order to serve a summons.

Assuming your spouse is not a resident of New York they must still receive the summons. If the summons server is outside of the state they have to be qualified and authorized to serve papers following legal procedure that applies in that particular state. The server, if in a different state, must provide notarized documentation that they did indeed serve the summons paperwork. This documentation must accompany any other divorce paperwork when submitted to the courts.

There are also grounds for divorce in order to be granted a divorce in NY.

There are six grounds for divorce in New York and they must be proven. If none of your grounds for divorce can be proven then your divorce can be dismissed through the courts. If you reside in New York or seek to gain a divorce in NY then speaking with an attorney to get the most up to date information is always in your best interests.

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