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In New York, the divorce process begins with one spouse filing a summons and complaint in the county where either spouse resides. The filing spouse must then serve the other spouse with these documents, initiating the legal action. The non-filing spouse has the opportunity to respond. divorce process new york Both parties must exchange financial affidavits and documents, and may engage in settlement negotiations. If an agreement is reached, it is submitted to the court for approval. If not, the case may go to trial. Once the court approves the divorce, a judgment of divorce is issued, finalizing the dissolution of the marriage.