Are you looking into filing for a divorce and living in New York state? You must know that a divorce looks different in each state because they all individually have different divorce state laws. Whichever state it is in, a divorce is an overall difficult process for both parties and can be emotionally and mentally draining. Simonetti & Associates understands the importance of having an attorney during this difficult process, so our divorce lawyer in North Sea will diligently work with you to properly file a divorce in New York.
Preparing and Filing Forms
First, to file for a divorce, you need to make sure you have the correct paperwork. You can visit the New York Courts website to access all the necessary paperwork required to file a divorce. Fortunately, our divorce lawyer in North Sea has a lot of knowledge in this area, so they will make sure to have everything you need. All the notarized forms needed will be discussed and then taken to the Supreme Court clerk’s office, and the divorce case will be opened. Unfortunately, you must be prepared to pay for the New York divorce filing fees, but you can apply for a fee waiver if you are dealing with any financial hardship.
Resolving Issues
Luckily, New York became a no-fault state. Now, a spouse can petition for divorce by attesting that the marital relationship has been irretrievably broken for at least six months. However, if a no-fault is not filed, the following issues must be resolved:
- Division of Assets, including property and investment accounts
- Division of Debts, including mortgages and other liabilities
- Child Custody and child support
- Alimony
Serving Your Forms
You will then serve the divorce you filed to your spouse (the other party) within 120 days of filing. Someone other than you will hand this paperwork to them.
Spouse Response
Your spouse has 20 days from the day they were served with the divorce to respond. The response varies if the divorce is uncontested or contested. However, in all cases, if your spouse does not respond, you may request a default divorce judgment.
Additional Forms and Information
After the initial forms are filed, and you receive a response from the other party (spouse), the New York court will require you to fill out additional forms to finalize the case.
Contact our divorce lawyer in North Sea
At Simonetti & Associates, we understand how difficult this time may be for you and your family, and the only thing we want to do is help out! Our divorce lawyer in North Sea will review all the steps and forms to make sure you don’t miss out on anything and make this process as smooth as possible. Give us a call or visit our website to request a consultation!