Divorce which court

Default : If the other party does not file a Response to the divorce papers "defaults" , then you can get a default judgment. For help finishing your divorce this way:. Written agreement: If you and your husband or wife have an agreement on all issues in your divorce uncontested , you can write up and file your agreement along with the required legal forms. For help:. Divorce trials do not resolve custody and parenting time issues. Those issues are resolved through a different process.

See our custody and visitation web page. If you cannot come to an agreement outside of court, a judge will decide the issues in your case at a trial. If this is your case, you should talk to a private lawyer. A private family law attorney can tell you about important legal rights and may be able represent you in trial, if you want. Here are the steps you need to take to finish your case by trial : Step 1 : " Request for Trial" : Fill out and file the Request for Trial form.

Click here for instructions. See page 2 of the form for instructions about filing and service. This page provides basic information about divorce and a general overview of the divorce process in New York. You may also want to read about divorce resources available in your county. Please be aware that some counties may have their own forms and filing instructions.

For further information, please contact the Supreme Court in the county where you reside before attempting to file your divorce papers. 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. 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.

Visit CourtHelp. 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:.

To learn about religious annulment , you should consult the religious faith that performed the marriage. If you would like an annulment, you should seriously consider speaking to a lawyer. The court does not provide forms for annulment. How do I start a divorce case?

Next, you will need to have another person over the age of 18 who is not a party to the action serve your spouse with the papers. For more information on filing fees , completing and serving papers, placing your case on the court's calendar, and other procedures, please carefully follow the Uncontested Divorce Forms Packet Instructions. You can also use the DIY Do-It-Yourself Uncontested Divorce Program if you are filing for an uncontested divorce, your marriage has been over for at least six months, there are no children under 21, and all marital property issues, including debt, have been settled.

Do I need a lawyer to get divorced? Because divorce law can be complicated, you should meet with a lawyer — even if you think your divorce will be uncontested. If you and your spouse have resolved all financial and parenting issues, and you do not have a lawyer, you can use the free Uncontested Divorce Forms Packet.

You must first read the Uncontested Divorce Forms Packet Instructions before trying to complete the process on your own. If you have parenting or financial issues to work out, you may want to consider alternative dispute resolution ADR processes like divorce mediation or collaborative family law.

These out-of-court processes often save time and money, reduce stress, and even improve relationships between parents and their children after divorce. ADR may not be appropriate in cases involving domestic violence , child abuse, or where one spouse cannot locate the other.

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. They will be called into the courtroom one at a time to testify. Be sure to tell each of them to bring a book or a magazine, unless staggered times have been arranged for them to arrive.

The judge will inquire as to any "preliminary matters. Then you will get started. Each side makes an opening statement. The, the party that filed for divorce will start presenting the facts by calling a witness to testify. That witness may then be cross-examined. There may be some testimony on redirect in response to the cross-examination.

All of the first side's witnesses are called and cross-examined, perhaps with some redirect, one by one. If the opening party has any expert witnesses, they will also testify. The other side then calls witnesses one by one for testimony and cross-examination. When that's finished, the first side may call rebuttal witnesses, who may also be cross-examined. Objections will be made, the judge will rule on those objections either sustaining them or denying them , documents are introduced and admitted into evidence or excluded, and the judge may ask a question or two.

After the last document and last word of testimony is submitted, each side may present a closing argument. Or if it is too late in the day, the judge may ask for written closing statements. The trial may be one day long, two days long or longer. There will be a break of about one hour each day for lunch. If your trial is more than one day long, your attorney, and possibly you, will be working late into the night after each day of trial, locating and preparing rebuttal evidence.

The judge may rule orally right at the end of the hearing, or may take the matter "under advisement. One of the attorneys must then write the judge's rulings into one or more court orders. There may be a comprehensive final decree of divorce, or separate orders on property, spousal support, custody, and child support.

Pension orders may have to be prepared, as well as orders for continuing health insurance for children. Before the written final decree of divorce is submitted to the judge for entry, you must decide if you want to appeal anything. If you do, your specific objections must be written into the order that the judge will sign.

If you don't object to the specific rulings with which you disagree at the time the judge signs the order, preserving those particular objections, you can't appeal. If the two attorneys disagree over the wording of the proposed written order, you will have to go back to court to hash out the matter. Eventually, an order or orders will be prepared that everyone can agree upon, or must accept, and which the judge will enter.

When the pen is lifted from the paper, you are divorced. As long as there is no motion for rehearing or motion for reconsideration, and assuming neither of you have filed an appeal, now you have to actually carry out the rulings. Property must be sold, refinanced, conveyed, or divided. A new deed to the former marital home may need to be prepared, to avoid unintended survivorship or inheritance consequences.

If you die after you are divorced without a will, before retitling the former marital home, your new spouse and your ex-spouse could each own half of that home together. How cozy! Summary Dissolution Summary dissolutions are a simpler way to get divorced for married couples and registered domestic partners.

Spousal or Partner Support Learn about spousal or partner support, how to ask for it, how to respond to a request, how to change or end an order, how to pay an order, or how to collect on a court order. Annulments Learn how to end a marriage or domestic partnership by asking for an annulment.