Though it may be possible for you to divorce without legal assistance in certain instances, it’s wise to carefully weigh all the potential advantages and disadvantages before making your decisions. Any decisions made during a divorce could affect you long after its conclusion has taken place.
Deliverers must complete an Affidavit of Service as proof that the other party received their papers.
Filing
If both parties to your divorce agree on all terms, filing an uncontested divorce can be completed quickly and efficiently. Forms are available online or at the Supreme Court Clerk’s Office where either of you reside. Filing fees include an index number and page fee per page filed; if financial hardship can be shown, these may be waived altogether.
Step two of filing for divorce involves serving your spouse with papers. This should be performed by someone over 18 and independent from either party involved; such as a friend or professional process server. Service must take place within 120 days from filing of a “Summons with Notice” or “Summons and Complaint”.
While waiting, you may need to address urgent matters related to finances, housing and childcare. In these instances, temporary orders from the court may help to establish temporary support, custody and/or visitation arrangements.
Service
Couples who agree on the terms of their divorce may be able to manage it themselves, using online guides and packages available. But it is still crucial for each party to understand what’s involved and follow all applicable procedures, such as correctly filing paperwork and serving each other correctly.
If you choose to hand deliver the papers yourself, have someone over 18 who is unrelated to the case sign an Affidavit of Service before having it given back to you; file this document with the court handling your divorce case afterwards.
Professional process servers may also be hired on a fee-basis, and may be the ideal option if your spouse is resistant to divorce proceedings and adept at dodging deliveries. The New York State Professional Process Servers Association can provide a list of available professionals; though this option will likely cost more than using the sheriff’s office alone.
Judgment
Once both parties file all necessary paperwork, a judge will review their case and sign a Judgment of Divorce to officially dissolve their marriage.
Before filing any papers for divorce, it is crucial that both spouses collaborate to reach an amicable settlement agreement that addresses all major aspects of their separation, such as property division, child custody arrangements and debt allocation. Parties should be clear in their expectations while showing good will through compromise to prevent this becoming an adversarial process.
Verifying that all forms filed comply with state law is essential to success in any civil litigation case, while also making certain all of the proper financial affidavits have been submitted by all of the appropriate witnesses. If service was performed by someone other than the Plaintiff, that individual must create and submit an “Affidavit of Service” along with their RJI and NOI papers.
Finalization
Divorce can often be complex and requires professional legal guidance, but sometimes it can be completed without one if both parties agree on an equitable settlement agreement.
Before filing, it is necessary to contact your county court clerk in order to ascertain which documents and fees are necessary for filing. Your clerk can also help locate law libraries where additional information may be found. Lastly, your court ombudsman provides guidance during this process by answering questions or offering guidance and support.
Once the papers are filed, it is your responsibility to have them served on your spouse. This process is known as service and can be performed by anyone over 18 who can legally serve documents. If service cannot be accomplished due to inevitability, an Affidavit detailing your efforts to locate them must also be prepared as proof. You will need to pay a filing fee as well as purchase an index number for your case.