how to apply divorce legally in ny without a lawyer

by Vivienne Schmeler 9 min read

How to File an Uncontested Divorce in New York without a Lawyer

  • Make Sure You and Your Partner Are in Full Agreement about Everything, Including Grounds for Divorce. ...
  • Make a Plan for Health Insurance after the Divorce. If you and your partner have both been covered under a family plan which one of you purchased or is provided ...
  • Visit the New York State Court Web site and Download the Uncontested Divorce Packet. Here is the link: http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml. ...
  • Wait Until Your Divorce Judgment is Signed and Then File "Notice of Entry" In New York City, the average time for your divorce judgment to be finalized is about 60 ...

Full Answer

Can I file for divorce without an attorney in New York?

But that does not mean you can't file for a divorce by yourself. The New York Unified Court System provides the resources you need to file for divorce without using an attorney. However, if your spouse disagrees with the divorce or significant issues in the divorce, it is recommended that you speak to an experienced family law attorney.

How to apply for a divorce in New York State?

To apply for a divorce in New York, you’ll need to complete and file forms with the court in the county where you live. However, if your spouse contests the divorce, then you should probably consult with an attorney . Satisfy the residency requirement.

Do I need a divorce lawyer for my divorce?

Divorce cases can be very complicated and it is a good idea to meet with a lawyer. If you are filing for an uncontested divorce there are forms available for your use: If you have no children under 21 and your marriage has been over for at least 6 months, you can use the DIY Uncontested Divorce Program to make your papers.

What happens in a contested divorce in New York State?

Contested New York Divorce (High Cost) In a contested divorce both spouses do not have an agreement on some or all the issues of the divorce. So, in this case, there will be a trial, where the judge will hear the testimony of the witnesses and decide on the various issues.

How can I get a divorce without a lawyer in NY?

If you and your spouse have resolved all financial and parenting issues, and you do not have a lawyer, you can use the free Uncontested Divorce Forms Packet. You must first read the Uncontested Divorce Forms Packet Instructions before trying to complete the process on your own.

Do you need a lawyer for uncontested divorce in NY?

You don't need to hire a lawyer to get an uncontested divorce in New York and you can represent yourself during the process. Spouses can try to handle everything themselves or use an online service that eases the process.

Can I seek divorce without a lawyer?

A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.

How can I get a quick divorce in NY?

In your uncontested divorce, the easiest way to speed your divorce through the court is for the defendant to waive service by signing an Affidavit of Defendant. If your spouse refuses to sign the affidavit, you will have to hire a process server to deliver a copy of the summons and complaint.

Can I file for divorce online in NY?

STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. Check the e-filing County List.

How long does a NY uncontested divorce take?

roughly 3 monthsSome uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.

Can divorce be filed online?

No, mutual consent divorce petition cannot be filed online. You needs to appear twice before the Court of law for seeking a decree of divorce by way of mutual consent.

Is one sided divorce possible?

One-sided divorce takes place when one spouse has the grounds for separation and wishes to end the marriage. As the name suggests, the husband and wife contest each other to get the most out of a divorce proceeding and hire a divorce lawyer in India to represent their interest.

Can you get a divorce without the other person signing the papers?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

Is online divorce New York legit?

Is OnlineDivorce.com legit? OnlineDivorce.com is indeed a legit company. Founded in 2001, OnlineDivorce claims it helped more than 500,000 people file for divorce.

How much does it cost to file a divorce in NY?

The index fee for divorce in NY is $210. The minimum filing fee for uncontested divorce in NY is $335, which includes the index fee. For contested divorces, the attorney fees, court fees, and costs of mediation or litigation can add up to much more – even tens of thousands of dollars.

Are New York divorce courts open?

New York State courts are open and offering limited in-person assistance for health and safety reasons. Some courts are holding virtual hearings by video or phone.

Make Sure You and Your Partner Are in Full Agreement about Everything, Including Grounds for Divorce

Both you and your partner will have to sign the divorce papers, so if you have no agreement, you will have no uncontested divorce.

Visit the New York State Court Web site and Download the Uncontested Divorce Packet

Visit the New York State Court Web site and Download the Uncontested Divorce Packet Here is the link: http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml. These forms come with detailed instructions and many people find them relatively simple to complete.

Wait Until Your Divorce Judgment is Signed and Then File "Notice of Entry"

Wait Until Your Divorce Judgment is Signed and Then File "Notice of Entry" In New York City, the average time for your divorce judgment to be finalized is about 60 to 90 days from the time when you filed it. After you receive the postcard from the clerk, you must return to the court to pick up a signed copy of the divorce judgment.

Can I File for Divorce in New York Without an Attorney?

Yes. It is legal in New York for people to file their own divorce in court without using an Attorney.

Is it Legal to Prepare My Divorce Papers Online in New York without an Attorney?

Yes. It is legal in New York for people to prepare their own divorce papers online without using an Attorney.

Am I Eligible to File an Uncontested No-Fault Divorce in New York?

You can find out in less than 5 minutes if you are eligible to use our service to prepare your divorce forms online by using our uncontested divorce eligibility wizard .

Can I Get Free Divorce Papers to File Divorce in New York?

The New York State Court System provides a free packet and online divorce forms for people who want to file an uncontested divorce in New York State. Many of our customers tell us that they tried to use the free New York divorce forms, and that they could not figure out how to fill them out and file them in court. After learning about LetsGetDivorced.com and creating a free trial account on our website, they saw for themselves how they could quickly, easily and cheaply use our online divorce questionnaire to prepare all of their New York no-fault uncontested divorce forms and NY divorce papers online in about 15 minutes. Our customers consider our very affordable flat service fee of only $99 to be money well spent to save them the expense of using an Attorney to prepare their New York State no-fault uncontested divorce forms..

How Long Does it Take to Get Divorced in New York?

With the LetsGetDivorced.com online divorce papers service you can obtain your ready to file divorce papers for a simple case in about 15 minutes. The time it takes for the Court to process an uncontested divorce after it is filed varies by county (from as little as a few weeks to a few months). With our online divorce papers service you do not have to travel to any office to have the divorce papers prepared, and you do not have to wait for the divorce papers to be drafted and mailed to you. The completed divorce papers are instantly generated online and immediately delivered to your online account. If you need to make any changes to your divorce details you can simply update your information in your online account and the divorce papers will instantly be updated..

How to File the Online Divorce Papers?

1. Print out the completed divorce papers from your online account and the step by step filing instructions. 2. Each spouse needs to sign their divorce papers. 3.

How to file for uncontested divorce?

If you are filing for an uncontested divorce there are forms available for your use: 1 If you have no children under 21 and your marriage has been over for at least 6 months, you can use the DIY Uncontested Divorce Program to make your papers. 2 If you have children under 21, use the paper Uncontested Divorce Packet.

What is it called when you have to tell the defendant of your divorce?

The Defendant (the person you want to divorce) must be told of the divorce case in person. This is called service. Learn about Serving the Defendant in an Uncontested Divorce. ** This is a general information and may not apply to the county where you're filing your uncontested divorce case.

How to get divorce in New York?

Visit your local court. Go to the court in your county. In New York, this court is called the Supreme Court, and it is the only one that can grant you a divorce. You’ll file at the court clerk’s office. In some counties, you can file your papers electronically.

How long does a divorce take in New York?

Choose among the following: Irretrievable breakdown for at least six months. Basically, this is the “no fault divorce” option. Your relationship must have been over for at least six months before you file.

What is an uncontested divorce?

An uncontested divorce is one where you and your spouse agree to get divorced and agree on child custody, child support, alimony, and the division of marital property and debts. If you disagree about any one of these, then you don’t have an uncontested divorce. You might not know if your divorce is contested or not.

How much does it cost to get a divorce index number?

You’ll need to pay $210 to get an index number — known as a "case number" in most other states — to start the case. Call ahead of time to check what methods of payment are acceptable. Later on, you will have to pay additional fees. An uncontested divorce will cost at least $335, and a contested divorce will cost more.

How long do you have to serve divorce papers?

You must meet the following conditions for your service to be proper: Serve the papers within 120 days of filing them with the county clerk. There’s probably no reason to wait.

How long do you have to live in New York before divorce?

Either you or your spouse has lived in New York for two continuous years before you start the divorce. Either you or your spouse has been living in New York for at least one year and you were married in New York or you lived in New York as a married couple.

Where to go to get affidavit of defendant?

If your spouse signs and returns the Affidavit of Defendant, then you should go to the court clerk’s office and ask to have your case put on the calendar. The Affidavit of Defendant is where the defendant will agree to the divorce and all of the conditions listed in the Summons with Notice.

How long do you have to live in New York before filing for divorce?

Your spouse and you have lived in New York as a couple and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce. The grounds of divorce have occurred in the state and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce.

How long do you have to live in New York to get divorced?

Either your spouse or you have been a resident of the state for a minimum of 2 years immediately before filing for divorce. There is no waiting period in New York before a judge will enter a decree of divorce.

How much does it cost to get a divorce in New York?

You need to pay a fee of $210 to get an index number or case number to begin your divorce process in New York. And, in the case of an uncontested divorce, the total cost including the court fees and filing fees is around $335.

What is an uncontested divorce in New York?

Uncontested New York Divorce (Low Cost) In the case of an uncontested divorce, there is an agreement between your spouse and you about all the issues such as property division, child custody and support, alimony, etc. As per the New York law, your spouse and you must also agree on the reason or grounds of your divorce.

What happens in a contested divorce?

In a contested divorce both spouses do not have an agreement on some or all the issues of the divorce. So, in this case, there will be a trial, where the judge will hear the testimony of the witnesses and decide on the various issues.

How long do you have to file an affidavit of defendant?

In case the defendant defaults, then you must wait for 40 days from the date of service and file the papers with the office of the county clerk. In the case that the defendant signs the “Affidavit of Defendant“, then you can immediately file the rest of the papers with the county clerk.

What is a no fault divorce?

In the case of a no-fault divorce, there is no need to assign any blame on your spouse and there is no need to give a specific reason for the breakup.

Introduction

My name is Andrew H. Wood, and I am a matrimonial and family law attorney in Albany, New York. Since 2011 my practice has been dedicated to helping individuals in Albany, New York and surrounding counties with issues involved in divorce and family court matters.

When facing any legal issue, the best legal advice any lawyer can give you is to speak to an experienced lawyer first

I recommend that any person seeking a divorce, with or without an attorney, schedule at least a one-time consultation with an attorney experienced in divorce/matrimonial law.

Can I get Divorced in New York?

Before filing for a divorce in New York, you must first make sure that you meet the “residency requirements” necessary to commence a divorce action in New York State. You can only start a divorce action in New York if one or more of the following five statements is true:

The Cause or Reason for Divorce

In order to commence an action for divorce in New York State you have to have a reason for wanting a divorce. While there are seven different reasons or “grounds 3 ” to commence a divorce action in New York, the main primary reason used is commonly

How Do I Start the Divorce Process

The spouse seeking a divorce will draft and file either a Verified Summons or Summons and Verified Complaint. It is more common to commence the action by filing a Summons and Verified Complaint rather than only the Verified Summons. The document is then filed in the County Clerk’s office in the county where either one or both parties reside.

What Next?

In an uncontested divorce action, the next step, would be for you and your spouse to enter into a settlement and/or opting-out agreement.

Am I Divorced Once the Agreement is Signed?

No. In order for you and your spouse to be divorced, you must file the necessary divorce documents 4 with the county clerk’s office.

4. Steps and costs for contested and uncontested divorce

Nov 9, 2020 — You might be able to get an attorney for no cost through our NY Finding a you can be granted a judgment of divorce without appearing in (9) …

8. How Long Does It Take To Get Divorced In New York?

If there are delays by a spouse, attorney or if the case is simply “going in circles” without an agreement or the promise of an agreement, the best course of (24) …

9. Filing a Divorce Action – NYC – New York City Bar Association

Learn about how to begin filing for divorce in New York State. Your lawyer can ask the court for permission to post a legal notice of the divorce action (27) …

How to File for Divorce in New York

Wading through pages of statutes (laws) or procedural rules is sometimes necessary to understand what you need to do, but it also helps to have resources in one place, and in plain English. Here's what you need to know and the steps you need to take to get a divorce in New York.

What If Your Spouse Contests (Contested Divorce)?

If your spouse disagrees with anything in your divorce papers, then the divorce will become a contested divorce. In these cases, the court will likely make decisions on the issues you and your spouse disagree on.

Child Custody Issues in a New York Divorce Case

Custody issues will arise if you and your spouse have minor children. The two main issues here will be:

Alimony in New York

Alimony is financial support that one spouse pays to help maintain the other spouse's standard of living. The sum is ordered by the court after taking several things into consideration.

Child Support in New York

Child support ensures the children's financial well-being is protected after the divorce. If the parents agree on child support payments, they just have to submit the agreement for the court's approval. The court will generally accept their agreement as long as certain requirements are met.

How Long Do You Have to Be Separated Before You File for Divorce in New York?

Unlike other states, New York doesn't have any waiting period before filing for a divorce. That means you don't have to show you have been separated for a period of time before you ask for a divorce.

How Much Does It Cost to File for Divorce in New York?

The cost of getting a divorce in New York depends on whether you decide to have an attorney and how complicated your divorce is.