Filing for divorce is often an emotionally tumultuous and stressful process, but knowing what paperwork is needed can help you manage the experience. The exact documents you need to file for divorce can vary based on your jurisdiction and the type of divorce you are filing for. Understanding what is expected of you is as important as understanding your rights throughout the process. Work with a skillful Bohemia, NY divorce attorney for knowledgeable representation and legal advice.
Can I File for Divorce in New York?
Before looking into the documents and paperwork required for your divorce, it is important to first determine whether you are eligible or not. In order to file for divorce in New York, you must meet the residency requirement and have a valid legal reason for the divorce.
While there are some exceptions, in general, to file for divorce in NY you or your spouse must have lived in New York for at least 12 months directly prior to filing. You also have to show a valid reason for getting a divorce. New York state recognizes the following divorce grounds.
- The relationship has been broken for at least 6 months
- Inhuman and cruel treatment
- Abandonment
- Adultery
- Imprisonment
- Separation
What Documents Do I Need to File for Divorce?
The first document you will file is the Petition for Divorce, also called the Complaint for Divorce. This is the formal request to the court to terminate your marriage. Along with the petition, you will generally need to file a summons. This document informs your spouse that you have filed for divorce and provides instructions on how they should respond.
Both you and your spouse will be required to provide a financial affidavit outlining every detail of your financial situation, including assets, debts, income, monthly expenses, and more. This document is crucial for the court to determine equitable distribution and financial support obligations.
New York state courts require a significant amount of paperwork and documentation during the divorce process. While the above are the most notable documents, there are many other forms necessary to ensure your marriage can be terminated. If your divorce is uncontested, the following documents will also be required.
- Summons with Notice (UD-1)
- Verified Complaint (UD-2)
- Affirmation of Service (UD-3)
- Sworn Statement of Removal of Barriers to Remarriage (UD-4 and UD-4a)
- Affidavit of Regularity (UD-5)
- Sworn Affirmation of Plaintiff (UD-6)
- Affirmation of Defendant (UD-7)
- Annual Income Worksheet (UD-8(1))
- Maintenance Guidelines Worksheet (UD-8(2))
- Child Support Worksheet (UD-8(3))
- Support Collection Unit Information Sheet (UD-8a)
- Qualified Medical Child Support Order (UD-8b)
- Note of Issue (UD-9)
- Findings of Fact/Conclusions of Law (UD-10)
- Judgment of Divorce (UD-11)
- Parts 130 Certification (UD-12)
- Request for Judicial Intervention (UD-13)
- Notice of Entry (UD-14)
- Judgment of Divorce
This amount of paperwork is often overwhelming. Consult with a skilled attorney who can help you manage your divorce and ensure you are following all proper procedures.
