You have to first obtain a Marriage License and then have a Marriage Ceremony in the City Clerk's Office or a Marriage Ceremony outside the City Clerk's Office. In order to effectuate service on your spouse in any other way, you must get permission from the court.1) How do I file for divorce and do a I need a lawyer? A couple who intends to be married in New York State must apply in person for a marriage license to any town or city clerk in the state. Learn about what marital property is and how it is distributed during a divorce, and discover how property rights are decided in the New York court system. You will need to file a Form I129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). This booklet explains many of these laws you need to know and provides resources where you can find more information about landlord and tenant issues. New York has a form that can voluntarily set up temporary custody without needing to go to court. Assuming your wife has petitioned you for immigration status.