Online Divorce
in New York

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Author: Marissa W.

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Do you know the location of your spouse?

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Can you and your spouse agree to the division of property/debts and other divorce-related issues?

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Uncontested divorce in New York

The decision to split up is one of the hardest in the life of any couple. There are two ways to end a marriage in the state of New York:

To have a contested divorce. If the couple is unable to resolve their differences, they have to involve a third party to help them. In this case, they have to hire an attorney to represent their interests in court. Besides, they also have to be present on multiple trials where the judge will listen to each party and reach a decision based on the presented arguments and evidence. Of course, this type of divorce is extremely expensive (the hourly fee of NY attorney is $300) and may take several years to be finalized.
To file for uncontested dissolution. In order to avoid all the hassle associated with a contested breakup, couples usually try to come to a full agreement to get an uncontested divorce. In this case, they won’t need to spend thousands on an attorney if they feel like all the issues are solved, and shouldn’t come to endless court hearings to resolve their disputes with the help of the judge.

If you have decided to file for an uncontested divorce, be ready to face one considerable obstacle on your way, which is finding the dissolution forms. There are dozens of papers that have to be filled out, and it is quite difficult to understand which forms you have to file exactly. If this is not something you want to spend your time on, OnlineDivorcer is here to help you out!

We are an experienced divorce service that has helped thousands of NY couples to end their marriage in a smooth and fast way. Working with us, you will get the packet of the filled-out divorce forms required for your case at the best price.

To file for uncontested divorce,
you will have to complete

15 forms

on average

Were you looking for free new york divorce forms?

Download our samples of free printable divorce papers for new york and reconsider preparing the forms on your own

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Filling for divorce in New York without a lawyer

Deciding to file without any legal help, you have to take the following steps:

Check whether you meet the residency requirements. In NY, either spouse must have lived in the state for at least 2 years prior to filing.
Collect and fill out the divorce forms.
File the documents with the county clerk’s office.
Serve the paperwork to your spouse. In this state, you have two options of serving: you can give the documents directly to your spouse if you are in a full agreement, or you may ask a person over 18 years who is a resident of NY to hand the documents directly to your husband or wife.
Call the clerk to schedule the hearing.
Attend the hearing to get your divorce finalized.

How does it work?

See if you qualify for online divorce

Fill out an online questionnaire

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How to complete DIY divorce in New York?

Sometimes people realize that they cannot afford to hire a lawyer and thus find a do it yourself divorce in NY the best option. However, is it really so? Let’s review the New York state DIY divorce process to answer this question:

Find out whether you are eligible to file for an uncontested divorce. You need to verify that you meet the state’s residency criteria and make sure that you are in a full agreement with your spouse.
Visit NY official website and check out the divorce information. Besides, you’ll need to find the forms that are needed for your case.
If you and your ex have children, search for the guidelines concerning child custody and support and check if you filled all the child-related documents correctly.
Check whether you have to attend parenting classes. Find out as much as you can about these lessons and whether you need to attend them separately or together with your spouse.
Fill in all the divorce forms you have found. Make sure you clearly understand what is asked of you and find the definitions of terms online if not.
Proofread the documents to make sure that you detected and eliminated any mistakes. If you submit the forms with typos or mistakes, the court will reject them.
Leave spaces which the clerk or a lawyer would fill out blank.
Verify if you need to take legal training to represent yourself at the hearing.
Print, sign, and file the documents with the court.

The next steps are the same as in the section above.

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New York divorce forms

There are numerous forms you may need to fill in depending on your specific case. We have collected the most frequently required ones:

Summons and Complaint
Affidavit of Service
Annual Income Worksheet
Child Support Worksheet

New York divorce papers online

In order to get your NY divorce paperwork filled out, you will need to have the following information on your hands:

Your and your spouse’s full name and date of birth.
Date and location of your marriage.
Your and your spouse’s current address, as well as the address of all real property you own.
Full names, dates of birth, and current address of your children.
Information about your income, debt, insurance, and taxes.
Workplace information – both yours and spouse’s.
Info about vehicles you both own, such as model, make, year, and VIN.
SSN and driver’s license number.
Information about any previous court cases involving you or your children.
Description of property you and your spouse own.
Financial accounts information.

There might be some additional details required depending on your individual case.

Things you need to know

Filing

You have to file the Complaint with the county clerk's office. Then the documents have to be served to the second spouse. You can deliver the needed forms personally if your husband or wife does not object it or ask any third party who is a resident of the state and over 18 years to hand the paperwork to the spouse. The defendant then has 20 days to respond if he or she lives in NY, or 30 days if he or she is a resident of another state.

Residency Requirements

Either spouse must have lived in the state for at least 2 years prior to filing.

Alternatively, either spouse must have continuously lived in the state for at least 1 year prior to filing and they got married in New York.

Waiting Period

New York doesn’t have a waiting period, but an uncontested divorce takes approximately 3 months, while the contested one may take more time.

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Getting a divorce in New York with a child

Child custody and support are important issues that have to be resolved by spouses before they file for a marriage dissolution.

As in any other state, there are two types of custody in New York: physical and legal. A judge usually grants custody based on the best interests of the child.
In general, both parents are eligible to have custody if there are no specific legal obstacles for it. If a judge gives joint legal custody, then spouses have to make all the important decisions together even if the child lives with only one caregiver. If the parents are granted joint physical custody, the child lives in both households for an equal amount of time.

If one parent is granted sole custody, the other one can still obtain visitation rights. Usually, spouses agree on the visitation schedule on their own, but if they are unable to do it, it will be issued by a judge. Apart from the second parent, grandparents and siblings can also request visitation rights.
In NY, both parents must financially support their child until he or she turns 21 years old. However, usually, the custodial parent (who possess physical custody) can get child support from the non-custodial one.

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Testimonials

Marissa W.

New York

The best option for those who can’t afford a lawyer...fast, legal, and convenient service!

Mary R.

New York

Ordered a packet of docs here. Very simple questionnaire and timely delivery. Definitely recommend.

Gabriel E.

New York

The decision to divorce with my husband was really hard for me, and I’m happy that I found a service that helped to make it easier on the whole family. Absolutely worth the money

List of counties in new york

Albany County Allegany County Bronx County Broome County Cattaraugus County Cayuga County Chautauqua County Chemung County Chenango County Clinton County Columbia County Cortland County Delaware County Dutchess County Erie County Essex County Franklin County Fulton County Genesee County Greene County Hamilton County Herkimer County Jefferson County Kings County Lewis County Livingston County Madison County Monroe County Montgomery County Nassau County New York County Niagara County Oneida County Onondaga County Ontario County Orange County Orleans County Oswego County Otsego County Putnam County Queens County Rensselaer County Richmond County Rockland County Saratoga County Schenectady County Schoharie County Schuyler County Seneca County Steuben County St Lawrence County Suffolk County Sullivan County Tioga County Tompkins County Ulster County Warren County Washington County Wayne County Westchester County Wyoming County Yates County

FAQ

Can I file for divorce in New York without hiring a lawyer?

Yes, you can. However, before filing, make sure that your divorce is uncontested meaning that you and your spouse are in a full agreement concerning any divorce-related issues and do not need legal help to solve them.

How to file for divorce in New York by myself?

Follow these steps to file for uncontested divorce in NY:

Check whether you meet residency requirements.
Fill in the needed forms.
Serve your spouse.
Schedule your case.
Visit the hearing and wait for a Judgement to be signed.

Where to file for uncontested divorce in New York?

You have to file with the county clerk's office in the county of your residence.

What New York state divorce forms do you need to start a divorce?

Here is a list of basic divorce papers in NY:

Summons with Notice
Summons
Verified Complaint
Affidavit of Service
Sworn Statement of Removal of Barriers to Remarriage
Affirmation (Affidavit) of Regularity
Affidavit of Plaintiff
Affidavit of Defendant
Annual Income Worksheet

Please note that you may need even more forms depending on your specific case.

How much does a divorce cost in New York?

The filing fee paid to the clerk’s office is approximately $335, and you also need to pay $210 for the case number along with a few other court costs. The average divorce lawyer’s fees range from $13,000 to $16,000. However, you can reduce the costs by working with an online divorce service.

How long does it take to get a divorce in New York?

In NY, you can expect to spend from 3 months to half a year to finalize the process depending on some specifics of your case.

What are the residency requirements for getting a divorce in New York?

There are three options in the state:

Either spouse must have lived in the state for at least 2 years before filing;
Both spouses are residents of the state on the day the divorce is started, and the grounds for the divorce occurred in the state;
Either spouse has continuously lived in the state for at least 1 year prior to filing and they a) got married in New York State, b) lived in the state as a married couple, or c) the grounds for the divorce occurred in the state.

Can I download other new york divorce forms online for free?

We provide only three samples of free printable uncontested divorce forms in new york for you to realize how much time you will spend filling 15 of them out on your own.

Where can I find more details regarding legal aspects of my divorce?

Please review new york divorce laws for further information.

Read our blog

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person calculating 401k split in a divorce

How to Keep Your 401(k) in a Divorce? While deciding to divorce may seem like the biggest decision a couple has to make, many more decisions follow once a marriage dissolution has been initiated. Chief among them is determining how to split up assets, including... Elizabeth Vincento Juris Doctor Read more

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How to Represent Yourself in Family Court in a Divorce Making the decision to file for divorce is never easy. Commonly, after making this difficult choice, many begin to wonder whether they should hire an attorney, or if they can represent themselves in court. The good news is that... Samantha Jozwiak B.S. in Criminal Justice, J.D. in the making Read more

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50 States and Washington, D.C.

3141 Counties and county equivalents

Get divorce online

1. The content of this website cannot be a substitute for the advice of a legal attorney. OnlineDivorcer.com is a platform that provides access to self-guided and computer-aided online questionnairies only.
2. We aim to keep our forms up-to-date, but regulations change quickly. If the forms are outdated or incorrect and cannot be accepted by the court, we will fix your documents without any additional charges or you will be able to receive your money back based on our Refund Policy / Money Back Guarantee.
3. We are not associated with any law firm. Our employees cannot give legal advice in any way. If you believe that we were giving you legal advice - please do not use this information and email us at support@onlinedivorcer.com.
4. Court filing fees or any other fees associated with filing are paid separately to the court.

Warning

We take no responsibility for the samples of free do-it-yourself divorce papers in new york that you can download from our website. All samples of free new york divorce papers have been prepared for general informational purposes only and cannot be filed with the court.

Online Divorce in New York

Uncontested divorce in New York

Were you looking for free new york divorce forms?

Filling for divorce in New York without a lawyer

How does it work?

How to complete DIY divorce in New York?

New York divorce forms

New York divorce papers online

Things you need to know

Compare your options for filing for divorce in New York

Getting a divorce in New York with a child

Testimonials

List of counties in new york

FAQ

Read our blog

Online Divorce
in New York