How can I start the divorce process in New York?
Jennifer Paulino
New York managing attorney at Marble Law
Key Takeaways
- Divorce in New York starts with filing a summons and verified complaint in New York’s eFiling system.
- Lawyers can help simplify this process and connect you to process servers who can serve the divorce papers on your spouse for you.
The divorce process in New York starts when one party files a summons and verified complaint either in the county clerk’s office or in New York’s electronic filing system. At the time of filing, you also owe a filing fee. The current fee for an uncontested divorce starts at $335.
The next step is serving your spouse with the divorce papers. Your options include hiring the local sheriff or a professional process server. Whoever serves the papers must be at least 18 and be a New York resident.
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Your spouse then has the opportunity to respond to the papers. How they respond determines if your case moves forward as an uncontested divorce or a contested divorce.
All of the steps to start (and continue) the divorce process in New York can be made less complicated with the help of a lawyer. An experienced family law attorney can ensure your paperwork is filed correctly and delivered to your spouse. Then they can represent your best interests to increase the likelihood of a favorable outcome.
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