Under New York divorce laws, it generally does not make a difference who files for divorce first. The party who initiates the divorce proceedings is known as the petitioner, while the other party is known as the respondent.
In New York, either party may file for divorce, and the court will treat both parties equally regardless of who initiates the proceedings.
That being said, there may be some strategic considerations to take into account when deciding who should file for divorce first. For example, the petitioner may have an advantage if they are able to present evidence of the respondent’s wrongdoing or if they are seeking a temporary order for child custody or support.
It’s important to note that the laws governing divorce in New York can be complex, and the specific factors that the court will consider when deciding a divorce case will depend on the facts of the case.
If you are considering filing for divorce in New York, it’s a good idea to consult with an experienced divorce attorney who can advise you on your rights and options and help you navigate the legal process.
Is New York a “No Fault” Divorce State?
An “at-fault” divorce is one in which one party seeks to end the marriage by alleging that the other party is responsible for the breakdown of the marriage. In an at-fault divorce, the party seeking the divorce must prove to the court that the other party is at fault for the breakdown of the marriage.
In the past, most states required a party seeking a divorce to prove that the other party was at fault in order to obtain a divorce. However, in recent years, many states have adopted “no-fault” divorce laws, which allow either party to seek a divorce without having to prove that the other party is at fault.
New York is a “no-fault” divorce state. This means that either party can file for divorce without having to prove that the other party did something wrong or is at fault for the breakdown of the marriage.
In New York, either party can file for divorce on the grounds of “irretrievable breakdown” of the marriage, which is a legal term that means that the parties have been living apart for at least six months and that there is no reasonable prospect of reconciliation.
The “no-fault” grounds for divorce in New York are designed to make the divorce process more straightforward and less contentious. However, it’s important to note that the court may still consider fault-based grounds, such as adultery or cruelty, when deciding issues related to the division of property or alimony.
Filing in Another State
If you are a resident of New York and wish to file for divorce in another state, you will generally need to meet the residency requirements of the state where you wish to file. This means that you will need to have lived in the state for a certain period of time before you are eligible to file for divorce there.
To file for divorce in another state, you will typically need to follow the same steps as you would if you were filing for divorce in New York. This includes preparing and filing the necessary divorce paperwork, serving the paperwork on your spouse, and attending any required court hearings.
It’s important to note that the laws governing divorce can vary by state, and the specific steps that you will need to take to file for divorce in another state will depend on the laws of that state.
If you are considering filing for divorce in another state, it’s a good idea to consult with an experienced divorce attorney who can advise you on your rights and options and help you navigate the legal process.
How To File for Divorce in New York
To file for divorce in New York, you will need to follow the steps outlined below:
- Determine your grounds for divorce: In New York, either party may file for divorce on the grounds of “irretrievable breakdown” of the marriage, which is a legal term that means that the parties have been living apart for at least six months and that there is no reasonable prospect of reconciliation.
- Prepare the necessary divorce paperwork: You will need to complete and file the necessary divorce paperwork with the court. This will typically include a summons, a complaint, and a settlement agreement (if you and your spouse have reached an agreement on the terms of the divorce).
- File the paperwork with the court: You will need to file the divorce paperwork with the court in the county where you or your spouse reside. You will need to pay a filing fee at this time.
- Serve the paperwork on your spouse: You will need to have the divorce paperwork served on your spouse by a third party. You will need to provide the court with proof that the paperwork has been served.
- Attend the required court hearings: If your divorce is contested (meaning that you and your spouse do not agree on the terms of the divorce), you may need to attend court hearings to resolve any disputes. If your divorce is uncontested (meaning that you and your spouse have reached an agreement on the terms of the divorce), you may not need to attend any court hearings.
It’s important to note that the divorce process can be complex, and the specific steps that you will need to take will depend on the facts of your case. If you are considering filing for divorce in New York, it’s a good idea to consult with an experienced divorce attorney who can advise you on your rights and options and help you navigate the legal process.
How Long Does It Take to Get a Divorce In New York?
The length of time it takes to get a divorce in New York will depend on a variety of factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the availability of the court.
If you and your spouse are able to reach an agreement on the terms of the divorce, the process may be relatively quick. In these cases, it may be possible to complete the divorce process within a few months.
If your divorce is contested, the divorce process may take longer. If there are significant disputes between you and your spouse that need to be resolved, the process may take several months or longer.
It’s important to note that the length of time it takes to get a divorce in New York can vary widely, and the specific timeline will depend on the facts of your case.
How Much is a Divorce in NY?
The cost of a divorce in New York will depend on a variety of factors, including the complexity of the case, the amount of time and effort that is required to resolve the issues involved, and the fees of the attorneys and other professionals involved.
Some of the costs that may be associated with a divorce in New York include:
- Filing fees: You will need to pay a fee to file your divorce paperwork with the court. The fee will depend on the county where you file and will typically range from $210 to $435.
- Attorney’s fees: You may need to pay attorney’s fees if you hire an attorney to represent you in your divorce. The amount of the fees will depend on the attorney’s hourly rate and the amount of time that is required to resolve your case.
- Expert witness fees: If you need to hire expert witnesses to testify on your behalf, you may need to pay fees for their services.
- Mediation fees: If you and your spouse choose to use mediation to resolve your divorce, you may need to pay fees for the mediator’s services.
The total cost of a divorce in New York can vary widely depending on the specific circumstances of your case. If you are considering filing for divorce in New York, it’s a good idea to consult with an experienced divorce attorney who can advise you on your rights and options and help you understand the potential costs of the divorce process.
Should I Contact an Attorney?
If you are considering filing for divorce in New York, it’s important to have an experienced divorce attorney on your side. A New York divorce lawyer can help you understand your rights and options, advise you on the best course of action for your case, and represent you in court to help you seek the outcome you desire.
