To start a divorce case, what legal requirements do I need to meet?

(1) Residency: Before a New York Court can give you a divorce, you need to show that you and/or your spouse have lived in New York State for a certain amount of time, without interruption, generally for one year.

(2) Grounds: You need to have grounds – a legally acceptable reason – to get divorced in New York. That means that you need to prove one of the grounds listed below:

  • Cruel and Inhuman treatment
  • Abandonment
  • Confinement in prison for 3 or more consecutive years
  • Adultery
  • Living separate and apart pursuant to a separation judgment or decree
  • Living separate and apart pursuant to a separation agreement
  • Irretrievable breakdown in the relationship for a period of at least 6 months (for divorce proceedings started on/after October 12, 2010)

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What if I cannot locate my spouse?

New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Verified Complaint, contacting a licensed process server can assist in this action. If you cannot locate your spouse running a skip trace may assist in locating his/her whereabouts.  Skip Trace is the process of locating a persons whereabouts for a number of purposes, weather it be for civil and/or criminal actions. To have your spouse served in any other way, you must get permission from the court. You can apply for such permission by filing an application for alternate service with the Supreme Court Clerk’s Office in the county where you filed your divorce case.

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How do I start a divorce case?

You will need to buy an Index Number at the Supreme Court County Clerk’s Office and file a Summons with Notice or a Summons and Verified Complaint (which has the reasons for the divorce). Next, you will need to have a process server serve your spouse with the papers.  Once service is complete you will need to file the affidavit of service with the supreme court clerks office.

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What is an annulment?

Unlike a divorce that ends a valid marriage, an annulment establishes that the marriage is not legally valid, and the grounds for annulment are different from a divorce. To get an annulment, you will need to prove ONE of the following:

  • Bigamy: one of the parties was still married to someone else at the time of the second marriage.
  • Either spouse was incurably unable to have sexual intercourse at the time of the marriage.
  • After marriage, either spouse becomes incurably insane for five (5) years or more. The Court may require the sane spouse to support the Marriage between persons under 18, if the spouse under 18 wants the annulment. The annulment will not be granted if the person under 18 freely cohabited (had sexual relations) with the other spouse after turning 18.
  • Spouse is unable to understand the nature, effect and consequences of marriage because of mental incapacity.
  • Spouse agreed to marry as a result of force or duress by the other.
  • Fraud (most common ground): the consent to marry was obtained by fraud that would have deceived an ordinarily prudent person and was material to obtaining the other party’s consent. The fraud must go to the essence of the marriage contract. Concealment of a material fact may constitute fraud. Sexual intercourse evidencing forgiveness is an absolute defense.

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Where do I go to for a divorce?

The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. You should go to the Supreme Court in the county where you or your spouse now live. You cannot get a divorce in Family Court.

Although Family Court cannot give you a divorce, you can go to your local Family Court for help with child support, child custody, child visitation, spousal support (also known as spousal maintenance), and paternity.

For more information serving legal papers visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com. #Divorce #Servelegalpapers

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What is a Divorce?

Divorce is the final, legal ending of a marriage by court order. If you have a divorce case in court, you may hear lawyers and court staff call it a matrimonial action. The person who starts the divorce is called the plaintiff, and the other spouse is called the defendant.

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What can I do if someone violates an order of protection?

Domestic-Violence-hearingIt is a crime to violate a temporary or final order of protection. If the subject of the order of protection does not obey the order, then you can call the police. The police will probably arrest the individual for violating the order of protection. The individual does not have to hit you to violate the order. If the individual comes to your home and the order says he/she can’t, then you can call the police. You also have the right to file a violation of the order in Family Court. Filing a violation in Family Court usually will not result in arrest of the individual who has violated the order. You can choose to go to Family or criminal Court, or both.

For more information on serving a order of protection visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com. #Orderofprotection #ViolationofOrderofProtection #StopDomesticViolence #DomesticViolence #HelpStopDomesticViolence 

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