The finest legal advice any lawyer can provide you when you are facing a legal situation is to first consult with an experienced attorney.
I advise everyone seeking a divorce, whether they have counsel or not, to
plan at least a single session with a lawyer knowledgeable in divorce law.
While the consultation may or may not cost you anything, the knowledge
you gain from it might help you avoid risky and unanticipated problems that
could have an impact on the rest of your life. Unless the lawyer offering you
advice concerning your divorce is familiar with the divorce laws in New
York State, the time spent during a session could be useless. In the same
way that you wouldn’t waste your time talking to a plumber about electrical problems, you shouldn’t waste your time talking to an attorney who focuses
on a different field of law than divorce.
Are You Eligible for Divorce in New York?
To make sure you fulfill the “residency criteria” needed to start a divorce
action in New York State, seek the advice of a prominent divorce lawyer in
your community. Here are some guidelines for filing in NYS;
You and your spouse were married in New York State, either of you is a resident of New York State at the time the action is filed and has lived there continuously for the year immediately before, or
When the action is started, either party must be a resident of New York State and have lived there continuously for the previous year, or you and your spouse must have lived there together as a married pair, or
The cause happened in New York State, and either you or your spouse has lived in New York State continuously for at least one year before the filing of the action, or
When the action was started, you and your spouse were both residents of New York State because the cause happened there, or
At least two years must have passed from the start of the action for either you or your spouse to have lived in New York State continuously.
You may file for divorce in New York State if one of the
aforementioned claims is accurate. In general, the county where you
or your spouse reside will be where the divorce case is started or
filed. You can petition for divorce in either Albany County or Saratoga
County, for instance, if you live in Albany County and your spouse
lives in Saratoga County. You won’t pay more to file for a divorce in one county than another in New York State since the filing costs are the same everywhere.
How Do I Begin the Divorce Procedure?
Either a Summons and Verified Complaint or a Verified Summons will be
prepared and filed by the spouse seeking a divorce. It is more typical to file
both a Verified Complaint and a Verified Summons to start an action. Then,
either one or both parties submit the papers to the county clerk’s office in their respective counties. You will be given an Index Number. Depending on
income and financial resources, the filing fees can be waived. To learn
more about the procedure for having the filing costs waived, you can call
the court or consult with a divorce lawyer near you. Some offer free initial
consultations.
Once the divorce process has begun, your spouse must receive service of
the Verified Summons or Verified Complaint. Although it is customary to
hire a process server for this task, it is not necessary. You cannot serve
your spouse with divorce papers; only a friend or family member may do
so. An Affidavit of Service must be filed with the clerk’s office.
*This is not legal advice, just a general idea of the divorce process. For
advice on your case, please speak directly to an experienced divorce
Attorney.