How to Apply for a Divorce in New York

A divorce is normally thought of when a marriage is falling apart completely or when the couple do not want to live together anymore. If you want to seek a divorce in New York State, you need to follow a number of steps, complete several forms, and invest a large amount of time to get the process working and finally seal the divorce.


  • 1

    The reason for divorce

    You need to establish the reason behind the divorce. To apply for a divorce in New York State, one of any seven conditions must be fulfilled. Irretrievable breakdown is the most popular one. It is when you are completely out of touch with your partner for over 6 months. Cruel and inhuman treatment is another. This is if you have been physically or mentally abused or if you feel threatened by staying married with your partner.

    Abandonment is when your partner has stopped living with you for over a year and is not going to come back or even if he has forced you to vacate the residency. Then there is imprisonment. It is if your partner has been held in prison for more than 3 years ago, but you cannot implement this right if he or she was released from the prison over 5 years ago. Adultery is also a common ground. If your spouse is involved in an outside affair and you come to know of it.

    Judgement of Separation which is also known as Decree of Separation has familiar conditions. Different residences should be observed for more than a year and grounds set forth by the judgement should be maintained for this to come into effect. Last is the Separation Agreement. It is a formal agreement that states you should live separately for at least a year and the grounds of the contract must be followed. It is also called Conversion Divorce as once you have fulfilled the rules; separation is converted into a divorce.

  • 2

    Visit the clerk

    You need to go to your state clerk’s office to buy an Index Number to start the divorce process. This number is assigned to your respective case.

  • 3


    Visit the county’s Supreme Court office and file for a Summons with Notice. This summons will consist of your reasons for divorce and other settlement details. After that, get a third party outsider who is above the age of 18 to give your partner with the summons.

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