The divorce process is almost always stressful and overwhelming. Many seemingly simple, uncontested divorces still take months or even years to resolve, and much of this has to do with paperwork, assets and legal ramifications. An important aspect of a New York divorce is preparing and filing the correct forms with the right bodies, and without experienced legal advice, it is easy to make mistakes that will disadvantage you or delay the divorce process.
At Elliot Green Law Offices, we have extensive family law experience, and there is a respected Queens family lawyer available 24 hours per day. We can assess your situation and advise you on how to proceed so that you avoid making mistakes that could compromise your interests in the future. Call us today at 718-260-8668 to schedule an appointment.
Here are two important factors to keep in mind regarding New York divorce forms:
Preparing Divorce Forms
Divorces in New York are usually complex, and you will need to file many forms during the process. If you are filing for an uncontested divorce, NYCourts.gov has compiled an uncontested divorce packet for your convenience.
The uncontested divorce packet contains detailed instructions on the procedure, but experts still recommend contacting a family law specialist to ensure you do not make any mistakes or disadvantage yourself in any way. One of the initial divorce forms you will complete is a Summons With Notice, or alternatively, a regular summons with a Verified Complaint form. At this stage, you will identify your spouse as the defendant in the matter and yourself as the plaintiff.
These forms require you to provide information on a wide range of matters relevant to the situation. This includes the reason you are requesting a divorce and what relief or compensation you need, like child custody and support, division of property or alimony. You will need to submit these forms to the clerk’s office and either pay for an index number or submit a form to establish if you qualify for waived fees.
Serving Divorce Forms
State law requires you to serve divorce forms to your spouse. You need to make sure your spouse has a copy of the forms within 120 days from the date that you filed them.
If your spouse resides in New York, any New York resident over the age of 18 who is not you can serve the papers. According to New York Courts, a qualifying individual must serve the papers to your spouse by hand on any day of the week except Sunday.
If you are considering divorce, an experienced Staten Island divorce attorney may be able to help alleviate the stress regarding the paperwork and required documentation. Even if you think the divorce will be simple, a lawyer can evaluate your situation from a neutral perspective and advise you on the best way to proceed. Call Elliot Green Law Offices today at 718-260-8668 to schedule an appointment