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Albany Divorce Attorney Representing Men In New York Family Law

Cordell & Cordell has Albany divorce lawyers ready to help you through one of the most trying periods in your life.

Featuring a comprehensive understanding of New York divorce law, our Albany family lawyers focus entirely on Albany divorce issues, including New York child custody laws, New York alimony laws and child support in New York.

To schedule an appointment, call 518-708-6722 or 1-866-DADS-LAW. One of our representatives will be glad to speak with you. Cordell & Cordell Albany Divorce Lawyers - Located at 9 Washington Square, Suite 201, Albany, NY 12205. Phone: 518-708-6722 .

Get information on Fathers Rights in Albany, New York.

Frequently Asked Albany Divorce Questions

How long do I have to live in Albany to file for divorce?

Divorce actions can only be filed in a County Supreme Court, not in any city court.  There is no specific residency requirement for being able to file a divorce action in that county’s court. The only issue is that you or your spouse must reside in the county you file in.

The only residency requirement is that which is required to be able to file for a divorce in the state of New York State.

New York has multiple residency categories that a party can rely upon to bring an action for divorce, separation, annulment or nullity of a void marriage thereby allowing the New York courts to have jurisdiction to decide the matter. Please refer to our section on New York residency requirements.

Is there a mandatory waiting period in Albany before a divorce can be granted? How long will a divorce take?

There is no waiting period for filing in Albany County. How long a divorce will take varies significantly from case to case.

It depends on such factors as whether there will be custody involved, support, the amount of assets/property to be distributed, whether there are any businesses or professional degrees that need to be valued, how contentious either party wants to make it, and even the attorney you are dealing with on the other side, as the attorney could be someone who drags a case out longer.

How can I serve my spouse in Albany County? If attempts to serve do not work, can I serve by publication?

Anyone over the age of 18 and who is not a party to the action can serve your spouse. Typically, a process server is hired to serve the papers on your spouse.

If attempts to serve do not work, you can ask the court to permit you to serve by what is known as "nail and mail" service, meaning you attach the papers to the door of the last known residence or business of your spouse.

Publication is also another option, but it is the last resort and is rarely used. The court must allow such service and it will direct exactly how it is to be done.

What are the specific forms I will need to file for a divorce in Albany County?

A divorce can be filed with either a Summons with Notice alone, or a Summons with Notice and Verified Complaint – Action for Divorce. You will also need to file an application for index number, which is the court number that all documents will be filed under in the case.

Where do I file for divorce?

All divorce actions are filed in the County Supreme Court of the county where either spouse resides. The papers are filed with the County Clerk’s office.

In Albany, the County Clerk’s office is actually no longer located at the Supreme Courthouse. The County Clerk’s address is 32 N. Russell Road in Albany.

How much are filing fees at the local courthouse?

The filing fee to start a divorce action is $210, which is the fee for obtaining an index number. This fee is paid to the County Clerk’s office at the time you file your Application for Index number and Summons with Notice (with or without your Verified Complaint – Action for Divorce).

Following this initial filing fee, if you want a judge assigned to the case you will also need to file a Request for Judicial Intervention form along with a filing fee of $95.

Further, when your case is ready to go to trial, you will also need to file a Note of Issue, which tells the court you are ready and that also has a filing fee of $95.

All filing fees are paid to the County Clerk’s office.

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