how to file for divorce in new york state without a lawyer

^{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

How do I get an uncontested divorce in New York State?

May 20, 2019 · The State wants both parties to remember if either wants to file for a divorce without a lawyer. The Divorce Filing Process. Fill out the necessary form. You can go through other methods or download the essential forms for an uncontested divorce on the State’s website. Make sure to file the petition with the court clerk of your specific county.

Where can I file divorce papers in New York State?

Online Divorce Without a Lawyer in New York. Simply complete your divorce documents using our online questionnaire system and file the resulting divorce papers with your local courthouse. We’ll provide you with information for filing your documents. While filing on your own is a simple solution for many divorce petitioners, you may also use our court filing service so we do the …

How much does a divorce cost in New York State?

Aug 07, 2008 · You will need to file the papers in two stages and pay fees to the court to purchase an index number ($210.00) and then to file a Note of Issue ($125.00). You should bring a stamped, self-addressed postcard with your papers so that the clerk can notify you when the judgment is signed.

What do you need to get a divorce in New York?

(If you have no children under the age of 21, you can use New York's streamlined Uncontested Divorce Program.) When you're filing for divorce, be prepared to pay the various New York court filing fees (which total $335 as of 2021 but are always subject to change). In situations involving financial hardship, you can apply for a fee waiver.

How do I file for divorce in NY without a lawyer?

Do I need a lawyer to get divorced? Because divorce law can be complicated, you should meet with a lawyer — even if you think your divorce will be uncontested. 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.

Can you get a divorce without going to court in New York?

If you have been married for at least six months and don't have any children under 21, use the DIY Uncontested Divorce Program to prepare your papers. If you and your spouse have children that are under 21, use the paper Uncontested Divorce Packet.Jun 12, 2020

How much does it cost to file for divorce in New York?

An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

Do I have to go to court for uncontested divorce?

What is an uncontested divorce? An uncontested divorce is a divorce that is not being defended by the respondent. It is usually a relatively straightforward process and can be dealt with by the court on paper, so there will be no need to attend court.May 11, 2021

Can I get a divorce without my spouse's signature in New York?

Can You Get a Divorce Without the Other Person Signing the Papers? ​Yes – in New York State, you can get a divorce without your spouse's signature if your spouse fails to respond to the summons (“no signature required” divorce) or if you cannot locate your spouse (“divorce by publication”).Oct 4, 2017

How long does uncontested divorce take in NY?

approximately three monthsOn average, the resolution of an uncontested divorce takes approximately three months. Of course, this will vary depending on the circumstances. Some proceedings go very smoothly and may be settled in as little as six weeks. More complicated cases may take over a year to sort out.

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.

How long does NY 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.

Who pays attorney fees in divorce in New York?

Under New York law, a court can direct either spouse to pay attorney's fees, and expenses for expert fees to enable the other spouse to maintain and defend the divorce action.

Can you get a quick divorce?

If there is an agreement to divorce from both parties and your relationship with your spouse remains amicable then it is absolutely possible to obtain a quick and simple divorce.

Can you get a divorce without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

How long does an uncontested divorce take?

The uncontested divorce is the best and most cost effective for all parties concerned. It can be finalised within 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.Oct 3, 2017

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.

What is index number?

The index number is the number for your case and should be put on all papers filed. An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

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.

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.

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.

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 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.

Get Your Divorce Forms Completed Online

Onlinedivorcenewyork.com provides uncontested divorce documents filled out using the information you share in the questionnaire. You'll also get clear explanations to questions and information on applicable laws.

Online Divorce Without a Lawyer in New York

Simply complete your divorce documents using our online questionnaire system and file the resulting divorce papers with your local courthouse. We’ll provide you with information for filing your documents.

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.

What to do if you can't pay for a divorce?

However, if you can't pay the fee, tell the clerk you want to fill out the "Poor Person's Waiver" forms. If you qualify, the court will waive the filing fee. An attorney can make sure that your legal rights are protected and can assist you with any issues that may arise throughout the course of your divorce.

What to do if you believe your divorce will be uncontested?

Even if you believe that your divorce will be "uncontested," meaning that your spouse will agree to the divorce, there are many issues beyond simply ending the marriage that you have to think about. Consulting with or retaining an attorney is always a smart thing to do. An attorney can make sure that your legal rights are protected ...

What is a summons and complaint?

The Summons and Complaint begin your divorce action and names you as "plaintiff" and your spouse as "defendant.". The choice between using a Summons With Notice and a Summons and Verified Complaint is just a matter of detail.

What to do if your spouse doesn't return a remarryment affidavit

If your spouse doesn't return the affidavit and you were married in a religious ceremony, then you must fill out the "Sworn Statement of Removal of Barriers to Remarriage (Form UD-4) and have someone other than you , over the age of 18, send a copy to your spouse by mail.

How long does it take to get a divorce affidavit of defendant?

If your spouse agrees to the divorce, your spouse will sign and send back the affidavit of defendant form within 40 days (as of 2019). If your spouse won't complete and return the affidavit, then whoever served your spouse with the summons needs to prepare an "Affidavit of Service (Form UD-3)," which proves that your spouse received copies of the paperwork.

How long do you have to serve a summons in New York?

Serving Your Forms. You have to give or "serve" your spouse a copy of the summons and complaint within 120 days of the date you filed. If your spouse lives in New York, anyone other than you who is a resident of New York State, not a party to the divorce, and who is over 18 years old can serve your spouse.

What are the issues that need to be resolved in a divorce?

In order to avoid a trial and have a truly uncontested divorce, you and your spouse will need to agree on a settlement to all issues, including division of property, maintenance (also known as alimony), and child custody and support.