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Learn About New York Online Divorce
For over 10 years,
LetsGetDivorced™ online divorce
has helped people file for an
uncontested divorce in New York
that is simple, fast and very cheap.
For over 10 years,
LetsGetDivorced™ online divorce
has helped people file for an
uncontested divorce in New York
that is simple, fast and very cheap.
LetsGetDivorced™ has developed a very affordable 100% online divorce service.
For only $97 you can complete your uncontested divorce forms online without an attorney, in as little as 15 minutes.
Our service writes, customizes and fills out all of your divorce documents for your specific situation using the
information you provide about your divorce, and then we provide them to you for your review and filing.
If you are thinking about filing a simple uncontested no-fault divorce
in New York
and you do not want to pay an attorney's expensive legal fee to have your divorce forms prepared,
then using LetsGetDivorced™ might be exactly the type of low-cost online uncontested divorce forms service that you are looking for.
Using an online divorce service like LetsGetDivorced™ is the cheapest way to get divorced.
LetsGetDivorced™ online divorce charges less than the discount legal fees charged by even cheap divorce attorneys to prepare uncontested divorce forms.
LetsGetDivorced™ charges a flat "service fee" of only $97 to
complete your New York uncontested no-fault divorce forms online.
Our fee includes all of the following, plus much more:
Cases with minor children.
Distribution of joint marital property.
A request for payment of spousal support (alimony).
A marital settlement agreement.
You can complete your divorce forms online using any mobile phone or computer, at any time (24/7).
This eliminates the hassle and time normally required to travel to an attorney's office to meet with the attorney and provide all of the details about your divorce, review documents, and to sign documents.
Our affordable online divorce papers service customizes your divorce documents with your specific divorce details. They are then instantly electronically delivered to your secure online account, for your review and use.
For free, you can change the divorce details in your account as many times as you want, and all of the applicable divorce forms will be instantly updated.
When you are ready to file your divorce documents with the court, follow the simple step-by-step filing instructions included with your divorce forms.
Our expert customer support is here to help you.
If have any questions about using our service, our customer support team is available by phone and email.
E-Filing New York divorce papers (eFile | electronic filing)
The Court system provides (E-File) for people who do not have an attorney and want to file their divorce papers online.
Is it legal to 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.
If you represent yourself in Court, you are called a "pro se litigant" or a "self-represented litigant."
Does New York recognize no-fault as a grounds for filing a divorce?
Yes. New York recognizes "no fault" divorce as a grounds for a divorce.
In a no-fault divorce, neither spouse has to claim in the divorce papers or prove that the other spouse is at fault to end their marriage.
Filing for a no-fault uncontested divorce is the easiest, fastest, cheapest and most stress-free type of divorce. Nowadays, it is the most common type of divorce.
LetsGetDivorced™ specializes in, and can only be used for, no-fault uncontested divorces.
What is an uncontested divorce?
At some point during your marriage you may have realized that you and your spouse are no longer suitable to remain married.
Hopefully, you and your spouse do not want to spend a huge amount of money and time fighting out your divorce in court with each side represented by an expensive attorney.
This type of divorce is called a "contested" divorce.
However, if you can reach an agreement with your spouse on all of the issues relating to your divorce then you can file what is called an "uncontested" divorce.
Filing an uncontested divorce is a relatively simple and inexpensive process to get divorced.
In an uncontested divorce both you and your spouse will sign the divorce papers that are filed in court
to indicate that you both agree that the divorce should be granted, and that you agree on all of its terms, including: the equitable division of
your joint marital property (assets and debts) and the payment or waiver of spousal support.
If you and your spouse have any minor children from your current marriage you must also both agree in your divorce papers on the custody, visitation and child support of your minor children.
LetsGetDivorced™ specializes in providing a platform where people can quickly and easily complete their divorce forms for filing a no-fault uncontested divorce at a very affordable cost.
How to file for divorce in New York without a lawyer?
The basic steps for how to file an uncontested divorce in New York without a lawyer:
The first thing to know about filing a divorce in New York is that the location where your marriage took place is not a factor that determines where you are allowed
to get divorced.
It is legal to get divorced in New York (if you satisfy the New York residency requirement) even if you got
married in another state or another country.
Like all states, New York. has a
residency requirement that
must be satisfied to be allowed to file a divorce in the state.
In New York, the residency requirement can be met if at least one
of the parties to the divorce has a sufficiently strong connection with the state such as continuously living there for the required period of time when the divorce is filed.
The next consideration is whether you will have a "contested" or "uncontested" divorce?
If you and your spouse cannot agree on the terms of your divorce then you will have what is called a "contested divorce."
On the other hand, if you and your spouse can reach an agreement on all of the provisions of your divorce then it can be filed as an uncontested divorce which
has a much simpler, faster, less expensive and less stressful divorce process than a contested divorce.
Naturally, filing an uncontested divorce is a much quicker, easier, cheaper, and stress-free type of divorce than a contested divorce where the spouses fight a legal battle in court.
To be able to file for a divorce in New York you must provide a valid legal reason to ask the court to end your marriage.
This legal reason is called "the grounds" for your divorce.
New York has grounds based on fault and also recognizes the no-fault divorce grounds.
In a fault-based ground (such as the grounds of adultery), fault has to be alleged and proved.
While in a no-fault divorce the judge can grant the divorce without the need for fault to be alleged in the divorce papers and without the need for the judge to rule that one of the spouses is at fault.
If you file your divorce using the grounds of no-fault it essentially means that you and your spouse both agree to have a judge end the marriage. This is called having a judge legally dissolve (meaning to end) your marriage.
Divide your joint marital property and joint marital debts.
If you and your spouse own property together that was acquired during the marriage (joint marital property), or if you and your spouse are both responsible for a debt incurred during your marriage (joint marital debt),
you and your spouse can agree to include to divide and allocate them in your divorce.
For example, in your divorce papers you and your spouse agree that you will become the sole registered owner of the family car and your spouse will pay off the full amount of the balance owed on the auto loan for that car.
Alimony (also known as spousal support or spousal maintenance).
Your divorce can include provisions for the payment of money from one spouse to the other for their spousal support (alimony/maintenance).
The payment can be a one-time lump sum payment, or it can require that payments will be made periodically for a specified amount for a designated period of time.
For example, in your divorce papers you and your spouse agree that you will pay your spouse $2,000 a month for three years following their divorce. The payment of spousal maintenance can also be "waived" in their divorce, meaning that they both agree that neither spouse will pay spousal maintenance to their spouse.
Minor children of your marriage.
If you and your spouse have any non-emancipated minor children together from your marriage (either by birth or adoption), then your divorce will need to include provisions that resolve all of the issues pertaining to child custody (which parent a child will primarily live with and make decisions about the child), visitation, and the payment of child support.
If you decide to file your no-fault uncontested divorce without using an attorney you will need to acquire, fill out, sign and file all of the required New York divorce forms for filing the divorce with the Court.
Your spouse will need to sign the divorce papers that require their signature. Also, some of the signatures of you and your spouse will need to be signed before a notary who will verify your signatures. You do not need to sign the divorce papers at the same time, or at the same location, and you do not need to go to the notary together.
In New York the court system provides a packet of free divorce forms. However, many people have a lot of difficulty figuring out which forms to use for their particular situation and how to propertly fill them out.
If you would like assistance to fill out your New York uncontested divorce papers so you will not have to do it entirely by yourself,
you can use a paralegal service or an online divorce forms service.
File your Verified Complaint for Divorce. In New York, an action for divorce is commenced by filing a Verified Complaint for Divorce with the court.
The Complaint contains basic information about your divorce such as the names and addresses of you and your spouse, a statement that the New York residence requirements are satisfied,
the grounds for your divorce and the date of your marriage.
Depending upon your situation the Complaint may contain other information about your marriage such as whether the case involves minor children of your current marriage to your spouse.
After you file your Complaint with the court you will need to provide your spouse with a copy of the Complaint.
You and your spouse will then file supporting affidavits which provide more details about your divorce and your spouse can give their consent to the divorce being granted by a judge in the court.
You can also file a marital settlement agreement signed by both spouses in which you provide all of the details regarding your divorce and all ancillary issues such as the division of your joint marital property and debts,
and the payment or waiver of spousal support (maintenance/alimony).
If your divorce involves minor children of your current marriage your marital settlement agreement can contain all of the provisions pertaining to child custody, visitation and child support.
You will also file proposed Findings of Fact and Conclusions of Law for the judge to sign, and you will also file a Judgment for Divorce that the judge can sign to grant your divorce and any additional judicial relief that you may have asked for in your Complaint.
New York does not have a mandatory waiting period after the Complaint is filed before a divorce can be granted. However, the courts are very busy, and it can take several weeks to 3-4 months or longer (in a busy county) before the divorce papers are reviewed by a judge.
In New York when a divorce is filed as an uncontested no-fault divorce the divorce can be granted without the need for either party to appear at a hearing before the judge.
After the Judge signs the Judgment for Divorce you need to provide your spouse with a copy of the signed Judgment for Divorce.
Which divorce forms are needed to file for divorce in New York?
Divorce forms prepared online to file for an uncontested no-fault divorce In New York:
Marital Settlement Agreement
Summons
Verified Complaint for Divorce
Notice of Automatic Orders
Notice of Guideline Maintenance
Part 130 Certification
Affidavit of Plaintiff
Affidavit of Defendant
Affirmation of Regularity
Request for Judicial Intervention "RJI"
Note of Issue
Findings of Fact and Conclusions of Law
Judgment of Divorce
Simple Filing Instructions
If there are minor children from the marriage, the following forms will also be prepared online:
Divorce forms for child custody, visitation and child support
Does the fee to use LetsGetDivorced™ include the Court's filing fee?
You pay the Court's filing fees directly to the Court and they are not included in the LetsGetDivorced™ $97 service fee to prepare your divorce forms online.
Court fees can vary by county and can change so we suggest that you contact the court clerk before you file to find out the amount of the filing fee and what form of payment they accept such as a credit card.
How long does it take to get divorced in New York?
With the LetsGetDivorced™ online divorce papers service you can obtain your ready to file divorce papers for a simple case in as little as 15 minutes.
The Courts in each county may have different backlogs of uncontested divorce actions. Generally speaking, once all of the divorce forms that are required to file for an uncontested divorce
have been filed with the Court, it can take at least 4-6 weeks or more for the divorce papers to be reviewed by a Judge, and if everything is in order the divorce can be finalized and granted.
What are the residence requirements to file for a divorce in New York?
Residency requirements to file a divorce in New York:
The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident
for a continuous period of one year immediately preceding, or
The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has
been a resident for a continuous period of one year immediately preceding, or
The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year
immediately preceding the commencement of the action, or
The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
At LetsGetDivorced™ it is quick and easy for you to know right away if you and/or your spouse satisfy the New York residency rules by asking you a few simple
questions in the uncontested divorce eligibility wizard.
Will my spouse or I need to make any court appearances?
In New York, if you file an uncontested divorce, and your spouse signs the divorce papers agreeing to the uncontested divorce, then a Judgment of Divorce can be granted without you or your spouse having to appear in court.
What are the grounds for a New York divorce?
New York has "fault" and "no-fault" divorce grounds (legally acceptable reasons) to end a marriage.
Cruel and inhuman treatment. The cruel and inhuman treatment of the plaintiff by the defendant
such that the conduct of the defendant so endangers the physical or
mental well being of the plaintiff as renders it unsafe or improper for
the plaintiff to cohabit with the defendant.
Abandonment. The abandonment of the plaintiff by the defendant for a period of
one or more years.
Confinement in prison. The confinement of the defendant in prison for a period of three
or more consecutive years after the marriage of plaintiff and defendant.
Adultery. The commission of an act of adultery, provided that adultery for
the purposes of articles ten, eleven, and eleven-A of this chapter, is
hereby defined as the commission of an act of sexual intercourse, oral
sexual conduct or anal sexual conduct, voluntarily performed by the
defendant, with a person other than the plaintiff after the marriage of
plaintiff and defendant. Oral sexual conduct and anal sexual conduct
include, but are not limited to, sexual conduct as defined in
subdivision two of section 130.00 and subdivision three of section
130.20 of the penal law.
Separation for more than one year pursuant to a decree or
judgment of separation. The husband and wife have lived apart
pursuant to a decree or
judgment of separation for a period of one or more years after the
granting of such decree or judgment, and satisfactory proof has been
submitted by the plaintiff that he or she has substantially performed
all the terms and conditions of such decree or judgment.
Separation for more than one year pursuant to a
written agreement of separation. The husband and wife have lived separate
and apart pursuant to a
written agreement of separation, subscribed by the parties thereto and
acknowledged or proved in the form required to entitle a deed to be
recorded, for a period of one or more years after the execution of such
agreement and satisfactory proof has been submitted by the plaintiff
that he or she has substantially performed all the terms and conditions
of such agreement.
Such agreement shall be filed in the office of the
clerk of the county wherein either party resides. In lieu of filing such
agreement, either party to such agreement may file a memorandum of such
agreement, which memorandum shall be similarly subscribed and
acknowledged or proved as was the agreement of separation and shall
contain the following information: (a) the names and addresses of each
of the parties, (b) the date of marriage of the parties, (c) the date of
the agreement of separation and (d) the date of this subscription and
acknowledgment or proof of such agreement of separation.
Irretrievable breakdown of marriage for at least six months. The relationship between husband and wife has broken down
irretrievably for a period of at least six months, provided that one
party has so stated under oath. No judgment of divorce shall be granted
under this subdivision unless and until the economic issues of equitable
distribution of marital property, the payment or waiver of spousal
support, the payment of child support, the payment of counsel and
experts' fees and expenses as well as the custody and visitation with
the infant children of the marriage have been resolved by the parties,
or determined by the court and incorporated into the judgment of
divorce.
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