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Home | Family Law | Divorce

New York Divorce

A New York divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a New York divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested New York divorce without the expense of an attorney.

Types of Divorce in New York

Uncontested Divorce in New York

A divorce is uncontested if: (1) you and your spouse can agree on financial and divorce-related issues such as property division, alimony and child support, and (2) your spouse agrees to the divorce or fails to appear in the divorce action.

On the other hand, a divorce is contested if you and your spouse cannot agree on enough issues to require resolution by the court.

Summary Divorce in New York

A divorce in New York may be granted in less time through a summary divorce process. The requirements are:

1. there is a written separation agreement or decree,

2. the spouses have lived apart for one year, and

3. the court is satisfied with proof that the Plaintiff spouse has substantially performed all terms and conditions of the agreement or decree.

Generally, a financial disclosure must be filed in every action for divorce in New York

Alternatives to Divorce in New York

A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. In New York, a separation (and written separation agreement) is required for at least one year before a spouse may proceed in a divorce action. Typically, the filing of the divorce complaint is the date of legal separation.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The state permits this on several grounds, such as fraud or legal incapacity. The person seeking the annulment has the burden of proving to the court that one of the conditions of nullity has been met in order to have the annulment approved. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion.

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