How to File For Divorce in New York

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STEP 1 - Download the required New York divorce papers

STEP 2 - The Spouse that has decided to file for divorce must complete the following forms and be sure to have them filed with the Circuit Court Clerk's Office in the County where you reside:
Summons
Verified Complaint
While at the clerk's office, purchase an index number and put the date of filing and index number on the copies of the Summons and Verified Complaint.

STEP 3 - You may not personally serve your spouse the following forms:
Summons
Verified Complaint
Affidavit of Defendant
Child Support Standards Chart (*if minor children)
but you can hire a service to do this on your behalf. Find Process Servers in New York here.

STEP 4 - You must get the Affidavit of Defendant completed back from your spouse. If, after 40 days, the other spouse does not return a completed Affidavit of Defendant then you will have to file the Affidavit of Service to the court and serve your spouse, if you were married in a religious institution, the Sworn Statement of Removal of Barriers to Remarriage.