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What to know about serving divorce papers

On Behalf of | Oct 21, 2022 | Divorce

If you are ready to move forward with the divorce process, it starts with the divorce petition or complaint. 

Once the petition is served to your spouse, it lets them know the process has started. Keep reading to learn more about divorce papers and the process you must follow. 

What’s included in the divorce petition?

When you fill out a divorce petition, the basic information you will add is your name and address, your spouse’s name and address, the date and place of your marriage and why you are filing. If you have children, information about them may also have to be included in the petition. 

How does the issuance of temporary orders work?

Along with the information in the initial petition, you can ask the court to issue temporary orders. These orders are placed on financial and family issues related to your marriage. If the orders are approved, they will remain in place until the divorce is finalized. Some issues that can have temporary orders applied to them include child support, spousal support and bill-related concerns. 

What are the requirements to file for divorce?

New York has residency requirements that must be met before filing for divorce. These include:

  • You or your spouse has been a resident of New York for at least two years
  • You or your spouse have been living in the state for a minimum of 12 months and either:
    • Got married in New York
    • Lived in the state as a married couple
    • The reason you are filing occurred in the state
  • You and your spouse were New York residents on the day you filed the divorce petition

Knowing and protecting your rights in your divorce.

If you are planning to file for a divorce in New York, knowing what paperwork is required will help. It’s also important to know your other legal rights in the divorce process.