First, you should make sure you are eligible to file for divorce in New York. You and your spouse both need to be New York residents on the day you file for divorce. If you aren’t, but you got married in New York state and have been living there for at least a year, you are also eligible. If you did not get married in New York, but have been living there for two years prior to the divorce, you are eligible as well.
It’s important to note that all divorces are different, but the following scenario outlines a typical process. Once you’ve determined you’re eligible, the first step is to hire an experienced attorney to help you through the often complicated divorce process. The attorney will help you file a Complaint for divorce. The next step is for a process server to serve your spouse (the “opposing party” in your case) with divorce papers. From there, the divorce proceedings can begin, which will vary depending on the type of divorce you’re seeking, your relationship with your spouse and the asset division involved, among a number of other factors.