Complete package of divorce forms.
In recent years, state of New York divorce laws only allowed couples to dissolve their marriage on “fault-based” grounds. This meant that in order to file for a marriage dissolution, one of the spouses had to prove that the other one is at fault for the breakdown of their marital union. Moreover, it implied that both spouses needed to hire attorneys to get help with the legal forms and court proceedings.
However, now, uncontested divorce based on “irretrievable breakdown” is permitted for couples whose points of view on spousal support, property distribution, and custody coincide and are not the matter of disagreement. Spouses only need to make sure that at least one of them meets the residency requirements and that they are in full agreement before filing for uncontested divorce in NY.
Under state family law, couples filing for a no-fault marriage dissolution do not have to hire a lawyer and can represent themselves in court. As there are no disputes, the trial is not needed, and a judge will just make sure that the arrangement spouses are proposing is fair to both of them before granting a divorce. Therefore, the only thing a lawyer can potentially do it complete the paperwork and file it.
However, you can get the forms to file uncontested divorce NY online with the help of our service. It will be faster, cheaper, and you will receive free filing instructions so there will be no need to research the process after you get your filled out documents.
Court-accepted New York state uncontested divorce packet.
Laws change and legal paperwork gets updated. While websites that offer free forms for download do not bother to keep up with such changes, our team always makes sure that any update is reflected on our website. Therefore, when getting your documents from OnlineDivorceNY, you can be confident that you will receive the latest versions that will be accepted by the court.
Personalized New York state uncontested divorce forms.
Every case is different and you might not need the same set of forms as the other couple you know. We carefully analyze each application we receive to provide every customer with a personalized packet customized to their marriage dissolution.
Guide for filing divorce papers in New York.
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 you need to take to successfully file for and finalize your marriage dissolution.
Low divorce cost.
Getting forms for the NY state uncontested divorce online is the best way to save money. We charge a small flat fee to make sure all spouses can afford our services and do not require extra payments if spouses have kids or a lot of property.
If you have any questions regarding our services or have troubles navigating the website, our customer support representatives are always ready to help. We work 24/7, so no matter when you decide to order your New York divorce papers online, our team will be here to assist you.
Answer Relevant Questions
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There are a few steps you need to take to file for uncontested divorce in New York:
Note: Court hearings for New York state uncontested divorces are not common. Divorcees might be asked to visit the final hearing if a judge has questions regarding childcare arrangements and property distribution.
In New York, do it yourself divorce has become a popular option among spouses. While some choose to get help with their paperwork from online services, others believe they can cope with every step of their marriage dissolution on their own. If you do not think that you need any assistance and are ready to start the process, here are some of the steps you need to take:
Step 1: Make sure you qualify for a DIY divorce in NY.
You and your spouse should be in full agreement to opt out of getting an attorney and make arrangements regarding your marriage dissolution yourself. If you are, and you meet the residency requirements of the New York state, DIY divorce is something you can go for.
Step 2: Find the necessary divorce paperwork.
When searching for legal forms, you need to make sure that:
Step 3: Fill out the forms.
Read each question carefully and make sure you understand it before answering it. If you have no legal knowledge, research the terms that seem confusing to give a suitable answer. Note that some fields in the papers should be left blank for a court clerk to fill out.
Step 4: File the papers with the court.
Print, sign, notarize, and make two copies of the forms. Once you file them with the court clerk and pay the fee, they will keep the originals and provide you with stamped copies.
Step 5: Serve your spouse.
One set of copies should be given to your spouse. You can either hire a process server or ask a person over 18, who is a NY resident, to hand-deliver the paperwork to the defendant and provide you with a filled out, signed, and notarized Affidavit of Service. Your spouse should sign, notarize, and submit the Affidavit of Defendant upon receiving the documents.
Step 6: File the final set of forms.
You will have to file the final package of documents in either a County or a Supreme Court Clerk’s office, depending on the county, and pay a filing fee. If the paperwork is in order, and there are no issues with the property or childcare arrangements that you and your spouse have made, a judge is unlikely to require a court hearing. He or she will simply sign the Judgement, and you will have to file it in the clerk’s office and serve the copy on your spouse.
Before initiating any divorce filings in New York, you need to check if you meet the state residency requirements. You and/or your spouse should have lived in New York for 2 years or for 1 year if:
Additionally, you need to determine whether you will be filing for a contested or an uncontested divorce:
When you and your spouse are willing to negotiate on the terms of your marriage dissolution but are finding it hard to do it on your own, you may try mediation. Also, if you are the only one willing to settle the disputes but your Ex is reluctant to talk, you may try reasoning with them by showing 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 out each form. The “extra steps” you need to take in order to get a missing spouse divorce would be asking for judge’s permission to do a divorce by publication. This implies that instead of serving your spouse, you will have to make a publication in a local newspaper a few times during 3 weeks. However, to get a chance to divorce by publication in New York, you will have to provide proof that you have done enough to find your spouse but all your attempts failed.
When getting the New York state divorce forms online, you may expect to receive some or all of the following documents:
There might be other New York divorce forms required for your specific case. Therefore, be sure to check the state requirements before filing.
To file your divorce forms in New York:
You can legally file divorce papers in New York only if you meet the residency requirements:
There is no state-mandated waiting period for divorcees. As soon as you settle everything with your spouse and the court reviews your case, you will get your marriage dissolution finalized. Typically, it will take around 3 months if your divorce is uncontested.
Getting a divorce in NY without a lawyer, spouses who have kids need to reach an agreement on the following aspects prior to filing:
Note that the child support amount varies depending on the income of both parents and the number of underage children in a marriage. There are state guidelines that need to be followed when calculating the child support payments for the amount to be approved by the court. Moreover, parents getting a divorce in New York need to consider best interest of their children when working on an agreement. Otherwise, they will have to visit the hearing to discuss the arrangement with a judge, and he or she will likely overrule your decisions if they aren’t deemed fair for a kid.
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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 you and your spouse should both agree to end your marriage and settle your disputes regarding asset division, alimony, custody, etc.
How to file for uncontested divorce in the state of New York?
Any married couple who decides to file for an uncontested divorce in New York must meet the state residency requirements and reach an agreement on childcare and parenting, alimony (if any), as well as property and debt distribution.
When such requirements are met, one of the spouses fills out and files the Summons with the court clerk and serves the copies on another spouse within 120 days since the divorce case was filed.
After the Defendant agrees to the terms of divorce and signs the papers, the next step is to file the rest of the forms, calendar your case so that a judge can review it, and get your marriage dissolution finalized if there are no issues with your paperwork.
Where do I go to file for uncontested divorce in New York?
When the petitioner prints and signs the divorce papers, New York state law requires them to file the originals in the court clerk’s office. It will be in either a County or a Supreme Court depending on where you reside.
What divorce forms do you need to start a divorce in New York?
To initiate a divorce in the state of New York, you need to file:
Note that a 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 will amount to about $335. Uncontested divorce in a state of New York is much cheaper than the contested one mainly because you can save on a lawyer if you choose not to hire one.
How long does New York divorce take?
There is no specific waiting period for an uncontested divorce in a state of New York. While you may expect it to last anywhere from 6 weeks to half a year, the average amount of time required to finalize a divorce case is 3 months in case spouses consent to all terms of their marriage dissolution. However, a divorce litigation in a state of New York may take a few months or even years as contested cases require a judge to settle certain issues for divorcees.
How long do you have to be a resident of New York to file for divorce?
To file for divorce in New York, at least one or both of the spouses should have lived in the state for: