Can I file my own divorce papers in NY?

Can I file my own divorce papers in NY?

File the papers with the County Clerk’s Office. The County Clerk’s Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.

Do you need a lawyer to get a divorce in NY?

Do I need a lawyer to get divorced? Because divorce law can be complicated, you should meet with a lawyer — even if you think your divorce will be uncontested. If you and your spouse have resolved all financial and parenting issues, and you do not have a lawyer, you can use the free Uncontested Divorce Forms Packet.

Do you have to be legally separated to get a divorce in NY?

Although living apart from your spouse for one or more years pursuant to either a Judgment of Separation or a valid Separation Agreement are two grounds for divorce in New York State, there are other grounds for divorce that do not require either.

Is New York a 50/50 divorce state?

New York is an equitable distribution state. This means, during a divorce, property division is handled in a way deemed “most fair” to both sides. It does not mean that all property will be split 50/50 between spouses. The court takes into account factors regarding the marriage and contributions of each party.

Can my wife get my retirement if we divorce?

Generally, the total amount you and your family can receive is about 150 to 180 percent of your full retirement benefit. If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you or your family may receive.

Are you liable for your spouse’s debts New York?

In community property states, both spouses are responsible for each other’s debts acquired during the marriage. So, even if a person died, his or her spouse could be held liable for their debt, even after the spouse passed away.

Does it matter who files for divorce first in NY?

It generally does not matter who files first in a New York divorce case. The filing spouse does not get an advantage to “set the rules” of the divorce. New York courts apply principles that do not favor one party over the other.

How long do you have to be separated in NY before divorce?

How long does legal separation last? You can be legally separated for however long you and your spouse think is best. However, if you plan to use your separation agreement as the basis for a divorce later, you and your spouse must have been living apart, under your separation agreement, for at least one year.

Can you date while going through a divorce in NY?

Do not begin dating until you have physically separated from your spouse. If your ex still has not moved out, wait until they pack their bags. Do not change your status on Facebook from “married” to “single” until the divorce is final. Only date on days/nights when you do not have the children.

Can you date while separated in NY?

Dating while separated may give your spouse the grounds to divorce you under New York law. In New York, only a signed and notarized “separation agreement” gives you the legal right to live separate and apart from your spouse. Therefore, dating as soon as you physically separate can give your spouse grounds for divorce.

How does adultery affect divorce in NY?

In New York, soon to be ex-couples are given the option of seeking a “fault” divorce. Adultery is included, among other acts like inhuman treatment and abandonment as martial fault. Typically, adultery per se is not necessarily considered when awarding alimony or dividing marital property.

How much does a divorce cost in NY?

The Filing Fee An index number costs $210. The index number is the number for your case and should be put on all papers filed. An uncontested divorce costs at least $335 in total court and filing fees.

How much does a separation cost in NY?

There is a filing fee of $210. § An Agreement cannot take into consideration any time during which you have already been separated. You are only Legally Separated when the Agreement is notarized by both parties.

How long do you have to be separated before divorce?

If you are divorcing on the grounds of separation you will need to have been separated for two years (if you both agree) or five years (if you don’t agree) before you can start the process. If you are looking to issue a divorce petition immediately, it has to be based on complaints of behaviour or adultery.