Divorce

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A divorce is also called a "matrimonial action" in court.

The person who files for a divorce is the plaintiff, and the other spouse is the defendant.

Only the Supreme Court in New York can grant a divorce (not Family Court). You should go to the Supreme Court in the county where you or your spouse currently lives.

Find detailed information at: https://www.nycourts.gov/divorce/info_faqs.shtml#Where%20do%20I%20go%20for%20a%20divorce?

Types of divorces:

  • Uncontested divorce (easier)

    • Both spouses want to get a divorce, and agree over what will happen with children, property, and finances.

    • The Court provides free forms for this kind of divorce (see link above).

  • Contested divorce

    • One spouse does not want to get a divorce, or spouses disagree about the reasons (grounds) for the divorce, or disagree about what will happen with children, finances, or property.

    • These cases usually go before a judge many times and require legal representation.

Legal Resources

  • New York Legal Assistance Group also has a matrimonial/family law unit that can help with divorce.

    • NYLAG Family Unit: 212.613.5000 (Tuesdays and Fridays from 9:00 am – 3:00 pm)

  • For victims of domestic violence, Sanctuary for Families offers legal help with divorce, child custody, and child support proceedings.

    • Sanctuary for Families Legal Services: 1.212.349.6009 x246 (leave a voicemail message)

    • Legal Aid Society Family/Domestic Violence Practice http://www.legal-aid.org/en/ineedhelp/ineedhelp/civilproblem/familydomesticviolence.aspx

    • Find a Legal Aid Society Office near you