Can we file jointly if we both meet the residency requirements?

[cecillacey]

In New York, divorce filings follow a specific structure and are often more procedural than some might expect. Many couples, particularly those who both meet the residency requirements and want an uncontested divorce, wonder if they can file “jointly” to save time and costs. While New York doesn’t allow for a truly joint divorce filing (as one spouse must technically be the plaintiff), understanding how to proceed can simplify the process, especially in an uncontested divorce.

How Divorce Filings Work in New York

Residency Requirements for Divorce in New York requires one spouse, known as the “plaintiff,” to file the necessary paperwork, while the other spouse is the “defendant.” This distinction exists even if both spouses agree to the divorce and have settled matters like property division, alimony, child custody, and support. Essentially, one spouse initiates the legal process, while the other spouse responds to it.

For couples meeting the residency requirements and mutually agreeing on divorce, the need to designate a “plaintiff” and “defendant” may seem unnecessary, but it is a procedural requirement in New York. Residency requirements dictate that at least one spouse must meet specific criteria related to time spent living in the state before filing. If both spouses meet these requirements, it doesn't change the need for one spouse to act as the initiating party, though it can help streamline the process.

Why There’s No True Joint Filing Option in New York

Joint filing, where both spouses file the divorce petition together, is an option in some states but not in New York. This distinction is partly due to the legal structure New York uses, which aligns more with traditional, adversarial divorce proceedings. While both parties may want the same outcome, New York’s legal process still requires the court to recognize one party as the initiator to ensure all procedural steps are met. This framework is intended to allow the court to oversee the divorce process and protect both parties' rights.

Streamlining an Uncontested Divorce When Both Meet Residency Requirements

If both spouses meet New York’s residency requirements and agree on all major aspects of their divorce, they can pursue an uncontested divorce, a quicker, more cost-effective option. In this scenario, one spouse will file as the plaintiff, and the other will file a response as the defendant. If they agree on every aspect of their divorce, including asset division, child custody, and support, they can submit a signed agreement to the court. This way, the court’s role is largely limited to reviewing the agreement to ensure it meets legal standards and approving the final divorce decree.

Practical Tips for Couples Filing Together in New York

Decide Who Will File: Choose which spouse will act as the plaintiff. This choice is generally a formality, as it does not impact the outcome.

Prepare a Joint Agreement: To make the uncontested process smooth, prepare an agreement addressing all aspects of the divorce, which both parties sign before filing.

Submit for Quick Review: With residency requirements and agreements in place, the court’s approval process is typically faster, especially in uncontested cases.

While New York doesn’t offer a joint filing option, following these steps can simplify the process for couples who meet residency requirements and agree on divorce terms.