Filing For Divorce In Monroe County

Last Updated on January 2025

While New York State establishes state-wide divorce laws regulated by the Domestic Relations Law, each county may prescribe some specific rules to be followed. Differences may be present in the lawsuit procedure, grounds, forms required for filing, etc.

This article offers a short guide about Monroe County divorce laws in terms of valid grounds for dissolving a marriage and forms that must be filed to initiate the case.

Valid Grounds to Get Divorce in Monroe County

When filing for divorce in New York State, a petitioner must indicate the reason for ending their marriage. While legally acceptable grounds are established on a state level, there may be slight differences from county to county.

No-fault grounds recognized in NY include:

  • Irretrievable marriage breakdown that lasts for at least 6 months;
  • Living separately for a year or more under a separation agreement or a court-granted separation decree.

Fault-based grounds that require evidence of one spouse’s wrongdoing are:

  • Physical and/or mental abuse;
  • Incarceration;
  • Adultery;
  • Abandonment.

The reason you indicate in the Petition influences the entire divorce process. Opting for an irretrievable breakdown can eliminate complicated procedures of proving your spouse’s fault and help you save lots of time and money, especially if you both agree that the marriage cannot be saved. Yet, the grounds for divorce in NY must be chosen reasonably to ensure the most beneficial outcome.

Monroe County Divorce Forms

The list of the required Monroe County family court forms varies in number and type, depending on your unique family situation. The most common ones usually include:

  • Verified Complaint (UD-2)
  • Summons with Notice of Divorce (UD-1)
  • Notice of Automatic Orders
  • Notice of Guideline Maintenance
  • Part 130 Certification (UD-12)
  • Annual Income Worksheet (UD-8(1))
  • Affidavits (of Plaintiff and Defendant)
  • Affidavit of Service (UD-3)
  • Note of Issue (UD-9)
  • Sworn Statement of Removal of Barriers to Remarriage (UD-4 and UD-4a)
  • Affirmation of Regularity (UD-5)
  • Request for Judicial Intervention (UD-13)
  • Judgment of Divorce (UD-11)
  • Notice of Entry (UD-14)

While you will most likely need most of these uncontested divorce forms to end your marriage in NY, they are not the only ones. The court will require you to file additional paperwork if minor children are involved in your case or you are asking for maintenance.

Some of the Monroe County clerk forms needed for divorce cases with children are:

  • Application for Child Support Services
  • Child Support Worksheet (UD-8(3))
  • Support Collection Unit Information Sheet (UD-8a)
  • Qualified Medical Child Support Order (UD-8b)
  • Case Registry Form

You will need to make calculations in a few of these documents based on your and your spouse’s financial information. Use the state guidelines to understand how your income and expenses affect the sums you put in the form fields.

Figuring out all the intricacies of divorce paperwork and doing everything right may seem challenging. An accidental typo or oversight in completing the forms may lead to a disadvantageous outcome for you. You may also need to fill out and file the rejected documents again.

Let us take care of your paperwork to ensure a smooth start of your uncontested divorce process. Just provide all the details about your situation, and our system will select the right forms and fill them out with the necessary information based on your answers in an online questionnaire. For a moderate fixed fee, you’ll get ready-to-be-filed divorce documents within a convenient deadline and step-by-step filing instructions as a bonus.

Considering Filing for Divorce?

Start by creating a free account on our website to see if you qualify for an online divorce in New York. Prepare all the paperwork needed for filing an uncontested divorce online without lawyers.

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