A marriage doesn’t legally end until a Judge signs the Judgment of Divorce. In New York State, the Supreme Court is the only court that handles divorce cases. Family Court can help with custody, visitation, and child support issues before you file for a divorce. However, you can’t get a divorce in Family Court.
If you think you have a common law marriage, speak with a lawyer or the court before filing for a divorce. Divorces can be uncontested or contested. An uncontested divorce is one where the spouse agrees with all parts of the divorce. In some cases, the spouses have a settlement agreement that explains what they have agreed on.
If the spouse does not agree to the divorce, it becomes contested. There are many reasons why a spouse might not agree to a divorce. The spouse could disagree with how property will be divided, who will be responsible for debt, child custody, or even the divorce itself. Contested divorces can be very complicated.
Before a Judge will sign the Judgment of Divorce, all financial and parenting issues must be resolved. If you have these issues to work out with your spouse, Alternative Dispute Resolution (ADR) may help. ADR refers to a variety of processes where both sides work together with a professional to find a solution.
ADR often takes place outside of court and can help you save time and money. It can also be less stressful than traditional court proceedings. There are different kinds of ADR processes, such as divorce mediation and collaborative family law. However, ADR may not be an option for you if there is a history or fear of domestic violence or abuse.
To get divorced in New York State, you must meet residency and grounds requirements. Residency means that you or your spouse must have lived in New York State for a certain amount of time. You must also prove that there is a legally acceptable reason to get a divorce, known as grounds.
It is essential to know where your spouse is located. New York State requires that the court papers for the divorce are personally delivered to the Defendant, your spouse. If you don’t know where your spouse is, ask the Supreme Court Clerk’s Office for more information about alternative service.
Starting a Divorce Case
Divorce cases can be complicated, so it’s always a good idea to speak with an attorney about your specific situation before filing any papers with the court. If you are filing for an uncontested divorce and have no children under 21, you can use the DIY Uncontested Divorce Program to create your papers.
If you are filing for an uncontested divorce and have children under 21, use the paper Uncontested Divorce Packet. If you are filing for a contested divorce, it is advisable to speak with a lawyer. Usually, for a contested divorce, you and your spouse will have to go to the Supreme Court several times before the Judge can decide on the issues you disagree with.
FAQs
Q: Can I get a divorce in Family Court?
A: No, the Supreme Court in New York State handles divorce cases.
Q: What is the difference between an uncontested and contested divorce?
A: An uncontested divorce is when both spouses agree to all aspects of the divorce, while a contested divorce is when there are disagreements on various issues.
Q: What is Alternative Dispute Resolution (ADR)?
A: ADR refers to processes where both sides work with a professional to find a solution outside of court.
Conclusion
Navigating the divorce process can be challenging, but understanding the basics is essential. Remember to consult with an attorney to ensure you are well-informed about the specific requirements and options available to you. By seeking the right guidance, you can make better decisions and protect your interests throughout the divorce proceedings.