Starting a Divorce in Saratoga Springs
Going through a divorce can take an overwhelming emotional toll on its own, even before factoring in the legal and financial logistics of the process. Starting a divorce in Saratoga Springs involves determining whether you meet the divorce requirements, confirming that you have adequate grounds for divorce, and developing a course of action that addresses the type of divorce you are getting.
If you are in the process of beginning a divorce, it is crucial to get as much information as possible. A compassionate divorce attorney could give you proper guidance and walk you through the steps of a divorce so that you are better prepared for all aspects that may arise.
Requirements for Divorce in Saratoga Springs
If spouses are interested in getting a divorce in New York, they must first meet New York’s residency requirements. These include either living in New York for at least two years prior to filing; living in New York for at least one year prior to filing plus additional conditions; or both spouses being residents of New York on the day of the divorce filing and the grounds for the divorce originating in New York.
After determining that the spouses meet the residency requirements, they must define the grounds for divorce that they are using to justify this action. The state allows for both no-fault and fault divorce, and provides several different legally acceptable reasons for filing.
Filing the Necessary Forms
To fill out the divorce forms, an individual would need to provide the following information:
- Their name and address
- A copy of their marriage certificate
- A copy of any agreement reached by the spouses
- A list of the property owned and debts incurred by the spouses, both jointly and separately
- A copy of any Protection Orders
There are different options for an uncontested divorce, depending on whether the spouses have children. If the couple does not have any children under 21, they can utilize the DIY Uncontested Divorce Program. If they have children under 21, they can use the Uncontested Divorce Packet. After the forms are complete, the Summons and Complaint must be submitted to the County Clerk’s Office.
Getting the Case on the Court Calendar
The divorce forms must be served to the other spouse within 120 days of the filing date. Notably, the serving spouse cannot personally serve the forms to the other. Another person, who is a resident of New York and at least 18 years old, must be assigned to serve the papers. The spouse must return a completed form within 40 days of receiving the papers.
After that, the case must get on the court calendar. To do so, the remaining applicable forms must be filled out and filed with the clerk. The court will set a date for the hearing and the divorce continues from there.
Work with an Attorney to Start a Divorce in Saratoga Springs
If you are considering starting a divorce in Saratoga Springs, do not hesitate to contact an attorney right away. They could help make sure that you are appropriately informed throughout the divorce proceedings, and that all ensuing agreements are fair and equitable to you. A divorce is not something you likely planned on doing in your life, and it can take up a lot of your time and money. Reach out to an experienced lawyer who could provide support and knowledge throughout this difficult process. Have the peace of mind in knowing that you are taking the right course of action.