Do you know that you can file for an uncontested divorce without a lawyer? If you want to call it quits in your marriage, you can file for divorce yourself as long as your spouse agrees. There are many means to achieve it, but then, you need to understand the meaning of uncontested divorce. You should also know the processes that you must go through if you want to achieve your purpose.
In a state like New York, filing a divorce without a lawyer is possible. That is if you know what to do but you need to meet the New York requirements of residency. To file for your divorce in New York State, you or your spouse has resided in the State for a minimum of one year. It is not everybody that knows about this requirement but one year is the highest time you must reside in the state before you talk of divorce. If you don’t want your divorce petition to be thrown away, make sure to meet the New York State residency requirement.
The things you must know before filing for a divorce
- The first thing you should do will be to ascertain that your spouse is not going to contest the divorce. You can only file for a divorce without a lawyer in New York if it is not contested. If there are chances for disagreement on all the matters regarding the divorce, it may not be possible. Such matters as child support, property division, child custody, spousal support, etc. may cause issues. If there is any part of these matters that your spouse contests, it may lead to a court hearing. In that case, it will be better for you to hire a lawyer to argue the case for you.
- Then, decide on the grounds you are divorcing your spouse. There is the need to show the court that your grounds for the divorce are legally acceptable. You will have to state the reasons for your divorce on the documents you are presenting to the state. In New York State, there are seven legally acceptable grounds for divorce. If adultery, living apart from each other for over a year due to a court injunction arises, you can file. Also, if there is an inhuman and cruel treatment or abandoning your spouse for over a year, you have the right. Furthermore, prison confinement for three or more years in succession or legal separation are all grounds for divorce.
- Make sure that you are clear about the coverage of your health insurance. In the State of New York, both spouses must be aware of the consequences of the divorce to their health insurance coverage. One party to the divorce will surely lose the health insurance coverage after the divorce. The State wants both parties to remember if either wants to file for a divorce without a lawyer.
The Divorce Filing Process
- Fill out the necessary form. You can go through other methods or download the essential forms for an uncontested divorce on the State’s website.
- Make sure to file the petition with the court clerk of your specific county. After the signing of the forms by both parties, file the forms with the county clerk where either of you resides.
- After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce. By that time, the court must have carried out the final judgment on your divorce.
- When you complete the above steps, you are almost through with filing for your divorce. Simply, fill out your entry form notice and mail it together with the signed final judgment by the court to your spouse. Immediately you notify the court that you have completed this step, you are now officially divorced.
Filing for an uncontested divorce is easy in New York without a lawyer. You can handle it, but you must make sure that you meet the requirements to succeed. The truth is that it may seem hard at first but is achievable. Take courage, do your research, gather the documents and meet the requirements. After all these, you are already a getting what you want.