Introduction
Once a divorce case has been filed and all issues are resolved, the final step in the process is obtaining a divorce decree. A divorce decree is an official document issued by the court that legally ends a marriage. If you are wondering How to Obtain Divorce Decree in New York, understanding the process can help you navigate the final stages of divorce. This guide will walk you through the steps of obtaining your divorce decree in New York.
Step 1: Complete the Divorce Process
Before you can receive a divorce decree, all aspects of the divorce must be completed. This includes:
- Filing the Divorce Papers: You or your attorney must file the necessary paperwork with the Supreme Court of the county where either you or your spouse resides. This includes the summons, verified complaint, and other forms that address matters like child custody, child support, spousal maintenance (alimony), and property division.
- Serving the Papers: The next step is to serve the divorce papers on your spouse. This must be done formally, either through a process server, sheriff, or a third party who is not part of the case. After your spouse has been served, proof of service must be filed with the court.
- Agreeing on Divorce Terms: If your divorce is uncontested, both parties must agree to the terms of the divorce, including property division, spousal support, and child custody arrangements. These agreements must be in writing, typically as a separation agreement, and presented to the court.
- Court Appearance or Hearing: If all terms are agreed upon, you may not need a court hearing. However, in contested cases or those with unresolved issues, a court hearing may be required, where a judge will review the case and issue a final decision.
Step 2: Wait for the Judge’s Decision
Once all required paperwork is submitted and any hearings are held, the judge will review the case. In an uncontested divorce, where both spouses agree to the terms, the judge typically reviews the submitted divorce agreement and paperwork. If everything is in order, the judge may grant a Judgment of Divorce without a formal hearing.
In contested divorces, the process can take longer, as the judge may need more time to evaluate the facts, hear arguments, and decide on unresolved issues such as custody or property division. After all matters are resolved, the judge will issue a Judgment of Divorce, which includes the final terms of the divorce, including the dissolution of the marriage.
Step 3: Obtain the Judgment of Divorce
After the court has reviewed the case and issued a decision, the Judgment of Divorce will be signed by the judge. This official document legally dissolves the marriage. It is important to note that the Judgment of Divorce may not be immediately available for pickup or mailing. The court may require additional paperwork or forms before issuing the judgment.
In New York, once the judgment has been signed, it will be filed with the county court and become part of the public record. You will be able to obtain a certified copy of the judgment, which will serve as proof of your divorce.
Step 4: Requesting a Copy of the Divorce Decree
After the Judgment of Divorce is filed, you can request a copy of your divorce decree. Here’s how to do it:
- Visit the Court Clerk’s Office: Go to the county clerk’s office where your divorce was filed. The clerk will have a record of the Judgment of Divorce. You may be required to provide the docket number and other information related to your case.
- Request a Certified Copy: A certified copy of your divorce decree is an official document that will serve as legal proof of your divorce. You will need to pay a fee for each certified copy, typically around $5 to $10 per copy.
- Online Requests: In some cases, you may be able to request a copy of the divorce decree online through the New York State Unified Court System website. Check with the court in your county to see if this option is available.
- Mail Requests: Some courts allow individuals to request copies of divorce decrees by mail. You will need to include your case details and pay the required fee.
Step 5: Keep Your Divorce Decree Safe
Once you receive your divorce decree, it’s important to keep it in a safe place. A certified copy of your divorce decree may be needed for various purposes, such as changing your name, applying for benefits, or updating your marital status on legal documents. It is often wise to make several copies of the decree and store them in different locations for safekeeping.
Conclusion
How to Obtain Divorce Decree in New York is a final step in the divorce process that legally ends the marriage. It’s essential to ensure that all issues are resolved, either through an uncontested divorce agreement or a court decision in contested cases. Once the Judgment of Divorce is issued, you can request a certified copy from the court to keep for your records. Make sure to follow the proper steps and stay informed throughout the process to ensure that your divorce is finalized successfully. If needed, consult with an attorney to guide you through any complexities in your case.
