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How To
Home›How To›How to Get a Quick Divorce in New York

How to Get a Quick Divorce in New York

By Matthew Lynch
March 7, 2024
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Introduction:

Getting a divorce can be a stressful and time-consuming process, but if you’ve decided that divorce is the right option for you and your spouse, you may be wondering how to get a quick divorce in New York. This article will outline the steps to expedite the divorce process in the Empire State.

Step 1: Ensure You Meet Residency Requirements

Before filing for divorce in New York, there are residency requirements that need to be met. Either you or your spouse must have resided in the state for at least two continuous years before filing for divorce, or at least one continuous year if:

– You got married in New York

– You lived together as a married couple in New York

– The grounds for the divorce occurred within New York

Step 2: Choose a Ground for Divorce

New York has both fault and no-fault grounds for divorce. The quickest option is typically to file on the no-fault ground of irretrievable breakdown of the relationship for at least six months. This doesn’t require proving misconduct or assigning blame, which can speed up the process significantly.

Step 3: Reach an Agreement on Divorce Terms

One way to expedite a divorce in New York is reaching an uncontested divorce agreement with your spouse, where both parties agree on issues like property division, alimony, child custody and support, and any other relevant terms. The more you agree upon out of court, the faster your case will move through the legal system.

Step 4: File Your Divorce Paperwork

To file for divorce in New York, you’ll need to complete several forms, including:

– Summons with Notice (UD-1)

– Verified Complaint (UD-2)

– Sworn Statement of Removal of Barriers (UD-3)

– Child Support Worksheet (UD-8)

– Part 130 Certification (UD-9)

Submit these documents to the Supreme Court in the county where either you or your spouse resides. You’ll need to pay the court filing fee, unless you qualify for a fee waiver.

Step 5: Serve Your Spouse with Divorce Papers

New York law requires that your spouse be personally served with the divorce paperwork within 120 days of filing. You can use a professional process server or someone over the age of 18 unrelated to your case. Once served, your spouse has 20 days to respond by filing an Affidavit of Defendant.

Step 6: Finalize Your Divorce

If your spouse doesn’t contest your uncontested divorce, or both parties have agreed upon divorce terms, you can submit a divorce judgment packet to the court for review. Once approved, it will be signed by a judge and filed with the County Clerk’s office. At this point, your divorce is considered final.

Conclusion:

While there’s no guarantee that a divorce will be quick and stress-free, following these steps can help expedite the process in New York. Remember that open communication and cooperation with your spouse throughout the process will go a long way towards achieving a quick and amicable divorce.

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Matthew Lynch

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