How to Get A Divorce in New York State, you must meet the residency requirement, with at least one spouse living in the state for a year continuously. Choose your grounds for divorce, either a no-fault option like an “irretrievable breakdown” or a fault-based reason. Prepare the necessary legal documents, like a summons and complaint, and file them in the appropriate county court. During the 120-day waiting period, negotiate issues like property division, spousal support, and child custody. If an agreement is not reached, the case may proceed to court, where a judge will make the final decisions. Legal advice can be invaluable in navigating this process.
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