Familiarizing yourself with the necessary documentation can simplify the complexities of divorce proceedings in New York. Please read this as we explore the documents you need to prepare and how a determined Garden City Divorce Lawyer can help you during this difficult time.
Who is Eligible to File for Divorce in New York?
Before we delve into the documents and paperwork required for your divorce, it’s important to first determine whether you met the eligibility requirements to dissolve your marriage in New York. To file for divorce in the state, you must meet the residency requirements and have a valid legal reason for the divorce.
While there are certain exceptions, generally, you can file for divorce if you or your spouse have lived in New York for at least 12 months before filing. You also need to cite a legally accepted reason for the breakdown of your marriage. New York recognizes the following divorce grounds:
- The irretrievable breakdown of the marriage for at least six months
- Cruel treatment
- Desertion
- Incarceration
- Separation
What Documents Do I Need for My Divorce?
Generally, to file for divorce in New York, you will need to submit a specific set of forms. These are filed with the court to initiate the divorce process, and copies of these documents are served to your spouse if you are the petitioner.
The first document you will file is the Petition for Divorce, also known as the Complaint for Divorce. This document is essentially a formal request to the court to dissolve your marriage. Alongside this petition, you will need to file a summons. This document informs your spouse that you have filed for divorce and provides instructions for filing a response.
You and your spouse are also required to both submit financial affidavits, which outline your financial situation, including income, assets, liabilities, monthly expenses, and more. This document is vital as it helps the court make informed decisions regarding matters like child support, alimony, and property division.
In addition to the complaint and summons you must file, there are other documents you will need to submit to the courts.
- Child Support Worksheet
- Divorce and Child Support Summary Forms
- Affidavit of Service of Judgement of Divorce
- Support Collection Unit Information Sheet
- Affidavit of Regularity
- Maintenance Guidelines Worksheet
- Sworn Statement of Removal of Barriers to Remarriage
It’s important to note that the documents required can vary based on the unique circumstances of your divorce. To ensure you complete and submit all the correct paperwork on time, it’s in your best interest to enlist the help of an experienced attorney who can help prevent unnecessary delays or issues that could impact the outcome of your case.
At the Law Offices of Eyal Talassazan, P.C. we are prepared to advocate for your rights and navigate the legal intricacies of this process. Connect with our firm today to learn how we can fight for you.
