how to file a contested divorce in new york without a lawyer

What is contested divorce?

A contested divorce is when your spouse disagrees with anything in the case, including the divorce itself, the property division, child custody, or financial support. A contested divorce is more complicated than an uncontested divorce. It is always best to have an attorney assist you with a contested divorce.

How long does it take to get divorced if you don't file a divorce?

If it is not done within 40 days, you can file for the divorce based on his/her default. If your spouse will not complete and return the Affidavit of Defendant, then whoever served him/her with the papers must prepare an Affidavit of Service (Form UD-3), proving that your spouse received copies of the divorce paperwork.

What happens if you are served with divorce papers?

If you are served with divorce papers but do not agree with any of the terms that your spouse is asking for in the divorce, you have a limited amount of time to file your own papers in response to the divorce petition.

What happens if you serve a summons and verified complaint?

If you are served with a summons and verified complaint, you may answer (“appear”) in the case by filing and serving a verified answer and counter-claim, in which you can ask for whatever relief you want in the divorce.

What to do if you can't afford a divorce?

You will also have to pay certain fees to file for the divorce. If you cannot afford it, you can ask the clerk for an application to proceed as a poor person.

How long does it take to get a judgment of divorce?

The time it takes to get the judgment of divorce will be much different if you are filing an uncontested or contested divorce – for contested divorces, there will multiple court appearances, hearings, and possibly a trial – this could all take many months or even years.

How long do you have to live apart before filing for divorce?

Then, you must live apart, according to the terms of your agreement, for at least one year before filing for divorce.

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.

Which court handles divorce cases in New York?

In New York State the Supreme Court is the only court that handles divorce cases.

Where to file a court case in New York?

File the papers with the County Clerk's Office. The County Clerk's Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. Check to see if you can do this on the e-filing County List.

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.

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.

Who is the defendant in divorce in New York?

In New York, the person filing for the divorce is known as the “plaintiff”, while the spouse receiving the divorce papers is known as the “defendant”.

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 a summons with notice in New York?

The state of New York requires that the defendant must be informed about the divorce in person and so, the “Summons and Complaint” or “Summons with Notice” must be delivered personally to the defendant. If you are unable to locate your spouse or don’t know where he/she is, then you can check with the clerk’s office at the supreme court for information about the alternative ways of serving your spouse.

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.

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.

How many grounds can you have to get divorced in New York?

In addition to the residency requirements, you also have to show your reasons for getting a divorce. New York recognizes seven grounds on which you can ask for a divorce. These are:

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

For New York courts to take your case, you must show that either you or your spouse have lived in New York for at least a year before you filed for divorce.

What happens if your spouse disagrees with your divorce papers?

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.

How long does it take to get divorce papers in person?

Thus, you need to make sure they get all the divorce papers in person. This process is known as service. Service must be done within 120 days of the filing date.

What to do if your spouse refuses to respond to divorce?

If your spouse agrees to the divorce or defaults by failing to respond, the next thing you need to do is get your case on the court's calendar.

What is a copy of a settlement agreement?

A copy of any agreement that you have reached with your spouse like a settlement agreement

What happens if a judge approves a divorce?

If approved by the judge, they will issue a 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.

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.

How to get your spouse served in New York?

To have your spouse served in any other way, you must get permission from the court. You can apply for such permission by filing an application for alternate service with the Supreme Court Clerk's Office in the county where you filed your divorce case.

What is divorce in court?

What is a divorce? Divorce is the final, legal ending of a marriage by court order. If you have a divorce case in court, you may hear lawyers and court staff call it a matrimonial action. The person who starts the divorce is called the plaintiff, and the other spouse is called the defendant.

What is an annulment in a divorce?

What is an annulment? Unlike a divorce that ends a valid marriage, an annulment establishes that the marriage is not legally valid, and the grounds for annulment are different from a divorce.

What to do if you haven't reached an agreement?

If you have not reached agreement, and you think you and your spouse could come to an agreement with some help, you might want to consider divorce mediation or collaborative family law.

What is ADR in divorce?

If you have parenting or financial issues to work out, you may want to consider alternative dispute resolution (ADR) processes like divorce mediation or collaborative family law. These out-of-court processes often save time and money, reduce stress, and even improve relationships between parents and their children after divorce. ADR may not be appropriate in cases involving domestic violence, child abuse, or where one spouse cannot locate the other. [see What if I cannot locate my spouse?]

Why do you start a divorce case?

The main reason you start a divorce case is to end your marriage. But you can also ask the judge to decide issues involving children, property and finances.

How long do you have to sign a separation agreement?

The husband and wife must be living separate and apart for a period of at least one year after signing a separation agreement to use it for a divorce. Because these and many other technical requirements for the contract to be considered a legal separation agreement, it is difficult to get divorced using a separation agreement unless you have a lawyer. Collaborative lawyers or divorce mediators may also be able to help.