Filing for divorce has never been easy for anyone, no matter how ready you think you are. Given the mental and financial implications, the last thing you want when filing for one is to make a mistake.
A small miscalculation can have a profound impact. But with proper guidance, filing for divorce in Suffolk County will be smooth.
If you and your spouse live in Suffolk County, New York, you must file your divorce here. But it takes the right knowledge to navigate this complex process. To save yourself the pain of costly mistakes and ease the gruesome divorce, working with a divorce attorney is wise.
Keep reading to learn more about how to file for divorce in Suffolk County.
Understanding Divorce in New York State
New York is among the ‘no-fault’ divorce states, which means that you don't need to prove any fault, such as adultery or abuse, to file a divorce. Since 2010, the state has been allowing legally married couples to file for divorce based on irreparable breakdown as long as other key issues, such as children and property, are resolved.
What if there are serious issues that are triggering me to file for a divorce? Well, the New York state still allows couples to file for divorce using fault-based grounds such as infidelity, abuse, and abandonment. Note that in Suffolk County, divorce cases are processed by the Supreme Court of the State of New York and not the Family Court.
The filing process is similar to that of other states and entails filing papers, serving your spouse, and attending court hearings. You can’t do that on your own? Choose a reputable Suffolk County divorce lawyer to help you handle such procedures.
Steps for Filing for Divorce in Suffolk County
Here are the steps you should follow when filing for divorce in Suffolk County, New York.
Step 1: Confirm Your Residency Requirements
You can file for divorce in Suffolk County only if you and your spouse meet the residency requirements of the New York State. Some of the key rules are:
- One of you must have lived in New York State for at least two years before the date of filing.
- Both of you currently live in the state.
- One of you must have lived in New York, and either the marriage was officiated in the state, or you must have lived as a legally married couple in New York.
Step 2: Choose the Grounds for Divorce
You should decide whether you are filing for a no-fault divorce or a fault-based divorce. Some of the grounds for divorce include adultery, cruelty, imprisonment of a spouse for more than three years, and being legally separated for one year or more.
Step 3: Get the Required Forms
You have to fill out quite a number of forms, which are accessible online, or you can get them physically at the Suffolk County Supreme Court Clerk’s Office. These forms include:
- Verified Complaint
- Affidavit of Plaintiff
- Summons with Notice
- Request for Judicial Inter
Other forms may be provided depending on the nature of your case. For example, consider taking the Child Support Worksheet.
Step 4: File the Paperwork
Once you complete filling out the forms, take them to the office of the Supreme Court Clerk. Here, you present the original forms and two copies. You also have to pay the filing fee. The clerk will stamp the documents and assign your case an Index Number.
Step 5: Serve Your Spouse
It is a requirement by the New York law that you serve your spouse the divorce papers within 120 days of filing. The serving must be done by someone who is not a party to the case and must be over 18 years old. The papers should be delivered in person, and the server must fill out the Affidavit of Service form after serving. If it was served within New York State, your spouse has 20 days to respond. If outside the state, the spouse has 30 days.
After serving the papers, the rest of the process occurs in the Supreme Court, where issues such as spousal support, child custody, and property division are addressed. If your spouse agrees to all the issues you have raised, it leads to an uncontested divorce.
Conclusion
Filing for divorce in Suffolk County is a legal process that requires the person filing to follow the set rules and procedures. Adequate preparation is key to a smooth filing, whether the divorce is contested or uncontested. Due to the weight of the matter, it is easy to get overwhelmed with the process.
To have smooth sailing when filing, consider consulting a divorce lawyer in Suffolk County, New York. They not only streamline the process but also ensure that all your rights are fully protected. By handling most things on your behalf, you can go about with your routine. Once everything is done and you get the justice you deserve, you move on happily.
