No-Fault Divorce in New York: An Overview of the Legal Procedure

Introduction

The introduction of New York Divorce No Fault has made the dissolution of marriage more straightforward. Since 2010, couples have been able to file for divorce without the necessity of demonstrating fault, thereby facilitating a less contentious separation. This article highlights the essential elements of the legal procedure.

Initiating Divorce Proceedings

To commence a no-fault divorce in New York, one spouse must submit a Summons with Notice or a Summons and Complaint to the Supreme Court. The initiating spouse is required to declare that the marriage has been "irretrievably broken" for a minimum of six months. Additionally, the residency criteria must be satisfied.

Serving Divorce Documents

The other spouse must receive the divorce documents formally within 120 days of the initial filing. This service must be carried out by an adult who is not a party to the case. The spouse receiving the documents has between 20 to 30 days to respond, contingent upon their place of residence.

Addressing Key Concerns

Prior to the finalization of the divorce, critical issues such as the division of property, child custody, child support, and spousal support must be addressed. Couples have the option to negotiate a settlement through mediation or with the assistance of attorneys. If a consensus cannot be achieved, the court will intervene to resolve these matters.

Concluding the Divorce

After all issues have been resolved, the requisite documentation, including the Judgment of Divorce, is filed with the court. A judge will examine the submitted materials, and if everything is satisfactory, the divorce will be granted. The duration of this process can vary, taking several months depending on its complexity.

Conclusion

The Cost of Divorce in New York simplifies the legal proceedings, enabling couples to terminate their marriage with reduced conflict. Familiarity with the involved steps can assist individuals in navigating the process more effectively and with less anxiety.