Saratoga Springs Divorce Process
A divorce is a challenging event that is typically fraught with emotion and conflict. It is possible, however, to have an amicable divorce and minimize tensions between the two parties. Regardless of your situation, it is crucial to prepare yourself by becoming familiar with the Saratoga Springs divorce process before taking action. If you are considering divorcing your spouse, you should hire a hardworking divorce attorney for guidance and to ensure that you receive the just resolution you deserve.
Filing for Divorce
The divorce process in Saratoga Springs can be tricky, and it is vital to understand the proceedings before filing. If a person is filing an uncontested divorce, it is necessary for them to use the Uniform Uncontested Divorce Packet. A number of the forms are complicated to understand, which is why it would be helpful to consult legal counsel who knows how to fill them out properly.
It will also be necessary to pay fees in order to file for the divorce. If a person is unable to afford the fees, they can ask the clerk for an application to proceed. If they meet certain qualifications they could be exempt from paying any filing fees.
Serving Papers in Saratoga Springs
It is imperative to the local divorce procedure that the spouse is personally served with a copy of the all necessary papers. A person can clarify with the clerk what exactly needs to be served upon the spouse. In order to officially serve divorce papers, an adult other than the serving spouse must personally hand the documents to the spouse being served. The person handing off the documents must also be a resident of New York. The server can be a friend, family member, or professional process server. It is important to note that there is no service of process on Sundays. If one’s spouse lives in a different state, they will need to follow the rules of that state.
Affidavit of Defendant
In an uncontested divorce, the spouse will need to sign the Affidavit of Defendant. They have 40 days to do this, and if it is not done within that timeline, their spouse may file for the divorce based on their default.
The Role of the Court
The divorce forms necessary to get scheduled on the court’s calendar will differ based on if the spouse signed the Affidavit of Defendant or a notice of appearance. An attorney should be employed to ensure that these forms are completed without error.
The divorce being contested or uncontested will affect how long it takes to get a divorce judgment. Contested divorces require there to be multiple hearings, court appearances, and possibly a trial. Uncontested divorces can be granted without appearing in court but there could still be a wait time depending on how many cases the court has on the docket.
Let an Attorney Help with the Saratoga Springs Divorce Process
The Saratoga Springs divorce process involves several key procedures which must be completed properly. While some divorces can be relatively simple if it is mutual between the partners, there are many reasons that a divorce might need to involve a professional’s guidance. This is especially true if one of the spouses is trying to avoid being served with the papers.
Make sure to contact a local attorney for help with your divorce. They could ensure that you are adequately represented and receive fair treatment from the court and the opposing counsel.