Online Divorce in New York

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Uncontested Divorce in New York Online

In recent years, state of New York divorce laws only allowed couples to dissolve their marriage with “fault-based” grounds, so that meant the fact that marriage parties committed for example infidelity or cruelty, the evidence of which could serve as the legal reason for a court to end up a marriage.

However, since 2010 uncontested divorce based upon irretrievable breakdown is permitted for couples whose points of view on spousal support, property distribution and children custody coincide and are not the matter of disagreement. It is also of note prior to starting filing for uncontested divorce in NY to have either one or both of spouses met residency requirements.

Under state family law, divorce applicants do not have to hire a lawyer and are able to proceed with court self-representation, so you can file uncontested divorce NY online with a help of our state of the art service and get a full package of individual divorce forms after filling out a short questionnaire!

Major Benefits of Using Our Service

Court accepted New York state uncontested divorce packet.

Taking into consideration the fact than uncontested divorce is a way simpler than contested one, it still requires basic legal awareness to choose correct and current divorce forms, as the court will reject divorce application in case of outdated forms. OnlineDivorceNY provides you with only updated and court-approved forms which would be arranged for your individual case.

Personalized New York state uncontested divorce forms.

How to get papers that will suit your case?  We carefully analyze each application we receive to provide every customer with a personalized packet customized specifically for their marriage dissolution.

Guide for filing divorce papers in New York.

As we have customer-centered approach, OnlineDivorceNY team is deeply interested in you having all the necessary tools to complete New York divorce papers online at peak comfort. How to file for divorce without a lawyer once you receive your documents? With the help of our handy guide that we will send you along with your legal forms! It will include detailed instructions on the next steps.

Low divorce cost.

In case you have a limited budget or just have another ways to spend your money on, NY state uncontested divorce online is the best way to get all the forms for your marriage dissolution case for a reasonable price. To suit our customers’ every budget, we made the prices for our service as low as possible to make sure it is affordable for the majority of spouses.

Friendly support.

If you have any questions regarding our services or have troubles navigating the website, our customer support representatives are always ready to help.

1

Answer Relevant Questions

2

Download Your Completed Forms

3

File The Documents

Filing for Divorce in New York Without a Lawyer

Divorce filings in NY which are based on self-representation in court should start with a small effort to find out whether you qualify for that.  If you or your spouse resides continuously in NY for at least one year and/or the parties are still living in New York so you are eligible to go ahead with filing for divorce in NY without a lawyer and the next thing you should proceed with is spousal agreement on assets division, custody and/or parenting post-divorce duties.

In case the consent is not achieved or the responding spouse is not satisfied with divorce circumstances, contested divorce which couldn’t be finalized without attorney’s assistance occurs. This process is rather more complicated, expensive and time-consuming, however it’s the only possible chance to solve spousal disputes.

Still, if you and your spouse are able to come to terms about essential facets mentioned above, you can file for divorce in NY and the process looks the following way:

  • Arrange and file divorce forms
  • Serve the copies of filed documents to a respondent
  • Wait until Petition is responded
  • Arrange a divorce date
  • Appear in court, if determined for your case
  • Get your marriage dissolution papers.

Note: Court hearings for New York state uncontested divorces are not common and usually the marriage participants are notified in advance whether they have to visit the final hearing. The most common reason for that is clarification on child’s maintenance and property distribution.

How to Complete a Do It Yourself Divorce in New York?

Any divorce, both contested and uncontested, requires emotional and financial expenses, the amount of which completely depends on you and your spouse’s agreement and readiness to collaborate with each other. If the two of you are into agreement and tend to have an amicable break up, New York state DIY divorce with OnlineDivorceNY is a great option for you. However, you still have to be aware of major steps to complete your divorce in the most effective manner, so here is a brief step-by-step instruction for DIY divorce NY:

Step 1: Check whether your case is suitable for New York do it yourself divorce according to residency requirements

Step 2: Complete and file divorce forms with a court clerk and don’t forget to have 2 copies of filled forms to deliver them to another spouse. Despite the fact that uncontested divorce normally has a lot less of paperwork, as any litigation it might be intricate for legal laymen and you have to take into consideration the following aspects if you want to have a DIY kit completed successfully:

  • Fill in the forms depending on your individual case.
  • Have 2 copies of filled in documents preceding filing it to a court clerk, as you are going to need them later. If the forms are acceptable and you qualify to have New York do it yourself divorce, your case gets an Index Number and now you may pay filing fee.
  • It is a must to summon into mind that under state divorce laws, there are 2 participants in a divorce – a Plaintiff (someone who initiates a process) and a Defendant (a person, who responds). So if you are a Plaintiff, one of your imperative responsibilities during a do it yourself divorce in NY is to take care that the forms you filed in a court are served to a Defendant within legally outlined time.

Step 3: Set the date of your divorce in court calendar. After your spouse responds the petition and doesn’t contest any of divorce terms put by you, you have to bring your papers to clerk’s office so the clerk passes your case to the judge.

Step 4: Wait until your divorce decree is issued. In New York do it yourself divorce is usually finalized without court attendance by spouse and no obligatory hearing is appointed.

As you can see, the process is complex and does demand precise recognition at each step. OnlineDivorceNY is ready to shorten your time and financial efforts spent on delving into divorce forms filling, so with a help of our service it would be not that burdensome process!

How to File for Divorce in NY When the Spouse Is Missing?

The first thing you need to know is that while you can divorce with a missing spouse in New York, there will be some extra steps that you’ll have to take. However, the starting point will still be the same – finding and filling in each form. If you’d like to make the process quicker, we will be glad to provide you with all the necessary documents and fill them in for you. The “extra steps” you need to take in order to get a missing spouse divorce, asking for judges permission to do a divorce by publication. This implies that instead of serving your wife or husband the documents, you will have to make a publication in a local newspaper. However, you will have to provide proof that you have done enough to find your spouse but all your attempts failed.

New York Divorce Forms

If you are concerned about what kind of New York state divorce forms online you will have to file, you might familiarize yourself with the following list:

Filing

If you are ready to apply divorce forms in New York start with setting your surroundings so that you would have all the required information ready. Make sure you have full names, dates of birth, addresses of both spouses and any other requisite information (such as marriage date and place, insurance and income data for both spouses) because divorce papers in NY has to be arranged with no distinction between factual data.

Residency Requirements

The court will not allow any divorce litigation, if divorce papers were filed with those who do not comply with residency requirements. That means you must follow the demands above:

  • Either one or both spouses has been continuously living in NY for at least a year.
  • Marriage was obtained in the state of New York and you resided and/or keep living in New York as a married couple.

Waiting Period

Generally, there is no waiting period since divorce papers were filed and divorce decree issued. The court can handle your case as soon as you and your spouse settled an agreement on all issues and applied required forms in proper manner.

Getting a Divorce in New York With a Child

Spouses, who have children also qualify for getting a divorce in NY without a lawyer, if they have settled an agreement which specify maintenance and custody facets that do not violate specific court-established guideline formula. The child support amount varies depending on total income of both parents and number of children in particular marriage and is also paid until children is 21. That means that the court will make a thorough examination on calculated support amount considering financial opportunities of each parent. That is performed to ensure that if a couple is getting a divorce in New York, it wouldn’t downgrade the standard of living for the children, which was present before the parents break-up.

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FAQ

Can I file for divorce in New York without a lawyer?

Yes, you can if you qualify for an uncontested divorce in New York. It means that a couple agrees upon the marriage dissolution grounds and has no arguments regards alimony and childcare or marriage-related debts.

How to file for uncontested divorce in the state of New York?

Any married couple, who decides to file an uncontested divorce in New York, must meet state residency requirements and settle an agreement between spouses about the following aspects: childcare and parenting, alimony (if any), property and debts distribution. In case those aspects are fulfilled, one of the spouses fills and files Summons of Complaint or Summons with Notice and serves them to another spouse within 120 days since the divorce case was filed at court. After the Defendant agrees and signs the papers, the next step is to arrange the divorce date on the court calendar. After that the hearing is appointed by court and divorce is finalized.

Where do I go to file for uncontested divorce in New York?

When the Petitioner prints out and signs up the divorce papers, New York state law requires them to be filed at court clerk’s office, where they are indexed, so the divorce case gets its individual number and the litigation is started.

What divorce forms do you need to start a divorce in New York?

Basically the divorce in a state of New York is started with:

  • Summons (of Complaint/With Notice)
  • Settlement of Agreement (if any was signed)
  • Notice of Automatic Orders

However, court clerk might require several more documents to proceed with your case, depending on your individual divorce circumstances.

How much does an uncontested divorce cost in New York?

The filing fees for an uncontested divorce in New York is $210. Uncontested divorce in a state of New York is rather cheaper than the contested one and includes the obligatory payments (filling fees for index number) and process server payments if there is one, attorney appointments if necessary.

How long does New York divorce take?

The divorce litigation in a state of New York doesn’t suppose waiting period between the moment divorce papers were filed at clerk’s office and the moment the Judgement of Divorce is issued, consequently it depends upon the couple completely. The shortest duration of uncontested divorce in a state of New York varies from 6 weeks to half a year, however the average amount of time required for finalizing a divorce is 3 months in case of spouse’s consent to all divorce terms.

How long do you have to be a resident of New York to file for divorce?

It is one year, if a marriage/divorce grounds happened in New York or a couple resided in New York as a married one. If no, either one or both spouses should be New York residents for two years prior the divorce was initiated.