Get a Cheap Divorce
in New York

File an uncontested divorce without a lawyer

Divorce is a legal action brought in Court that ends or "dissolves" a marriage.

A divorce is granted when a Judge signs an Order called a Judgment of Divorce. This Order is also referred to as a Divorce Decree.

It is legal to file for divorce in New York without using an Attorney. When a person represents themself without having a Divorce Attorney, they are referred to as proceeding "Pro Se."

If you represent yourself in Court, you are called a "pro se litigant" or a "self-represented litigant." "Pro se" is a Latin term, meaning "on one's own behalf" and a "litigant" is someone who is either suing someone or is being sued in court.

The basic steps for how to get a No-Fault divorce without a lawyer in New York:

1. You and/or your spouse must satisfy the legal requirements to file an uncontested divorce in New York State. (for more info, click How to file for divorce in New York?)
2. To satisfy the New York No-Fault grounds for divorce you and your spouse must agree that your marriage has irretrievably broken down for a period of at least six months. (for more info, click What is a No-Fault Divorce in New York?
3. You need to obtain, fill out, sign and file the required uncontested divorce forms with the Court. Your spouse will also have to sign some of the divorce papers. (for more info, click What is an Uncontested Divorce?)
4. Instead of filling the NY uncontested divorce papers out completely by yourself, you can consider using a paralegal service or an online divorce forms preparation service.
5. The Court will notify you when a Judge has granted your divorce and signed your Divorce Decree (Judgment of Divorce).
6. Go to the Court to get a certified copy of the Judgment of Divorce for you and your spouse.
7. Congratulate yourself for being smart enough to learn about the New York uncontested divorce process, and to learn how to get divorced without a Lawyer.

Attorney Provided Online Divorce:
The divorce forms are prepared in an Attorney's office - not online.

In order to file for an uncontested divorce in New York, you need to have all of the required divorce forms filled out correctly. One way to do this, is to hire a New York Attorney who will prepare your divorce forms by using information you provide to the Attorney when you meet with the Attorney in their office.

Some New York divorce Attorneys advertise that they provide cheap divorces and "Online Divorce" and have a website where a customer can enter some basic information about their divorce that is emailed to the Attorney for their review. If the customer decides to hire the Attorney to prepare their divorce papers, they provide the remainder of their information about their divorce to the Attorney via email, an online questionnaire, or by visiting the Attorney's office.

When the Attorney has all of the information about the case, the Attorney creates the divorce forms and fills them out with the customer's information. The customer then reviews the divorce forms by either traveling to the Attorney's office, or by having them mailed, or emailed to them. If any corrections are necessary to the divorce forms, the Attorney makes them and the customer reviews them again.. and again ... as needed, until they are ready to be filed.

Thus, when an Attorney advertises that they provide "Online Divorce" the bulk of the effort is performed by the Attorney "in their office" to create the divorce forms and complete them, and the customer has to spend considerable time waiting to have the divorce forms mailed to them for review, or they need to spend time to travel to the Attorney's office to provide information about their case, and to review the divorce forms.

Also, many Attorneys have divorce paralegals in their office who type and prepare the divorce papers for their clients. In addition to Attorney provided divorce online, there are also cheap paralegal services that provide divorce help and type up uncontested divorce papers for their customers and provide them to their customers online, by mail or in person.

How to get a quick and cheap online divorce?

1. Do It Yourself Online Divorce papers are commonly called DIY online divorce papers or online divorce forms.)
2. In a Do-It-Yourself divorce your divorce papers are prepared without using an Attorney.
3. In a DIY divorce you can obtain blank uncontested divorce forms online that you have to fill out to file divorce. (for more info, click What is an Uncontested Divorce?)
4. There are also websites that allow people to complete their uncontested divorce papers online. These are commonly referred to as Online Divorce websites. (for more info, click What is "Online Divorce"?)
5. Online divorce websites generate completed divorce forms based on the information provided by their customers that is entered into an online questionnaire.
6. Some online divorce websites are able to instantly create the completed divorce forms and instantly provide them to the customer for review, editing and filing.
7. The completed divorce papers are ready to be printed, signed and filed in Court.

The basic steps for how to get a divorce in New York:

1. You need to be lawfully married. New York State allows people to file for a divorce in New York State if they are lawfully married.
   
   You can file for divorce in New York even if your marriage ceremony took place outside of New York. It does not matter if your marriage ceremony took place in New York State, or in any other State in the United States, or even in another country, so long as your marriage is recognized as a lawful marriage in New York.
2. You and/or your spouse must satisfy the "residency requirements." (for more info, click What are the "Residence Requirements" for a New York Divorce?)
3. You must have a "ground" (a legally acceptable reason) to end your marriage. (for more info, click What are the "Grounds" for a New York Divorce?)
4. File an uncontested or contested divorce. You determine if you and your spouse can agree on the terms of your divorce (and be able to file for an "uncontested" divorce), or if you disagree and will be having a "contested" divorce. (for more info, click What is an "Uncontested Divorce"?)
5. Distribute joint marital property. If you and your spouse have any joint marital property (assets or debts) they can be divided in your divorce.
6. The payment of spousal support, if requested by either spouse, can be included in your divorce.
7. Resolve child custody, visitation and child support if there are minor children. If you and your spouse have minor children from your marriage, the issues of child custody, visitation and child support can be included in your divorce.

An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. 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
2. 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
3. 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
4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
5. 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.

New York State has "fault" and "no-fault" divorce grounds (legally acceptable reasons) to end a marriage.

1. 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.
2. Abandonment. The abandonment of the plaintiff by the defendant for a period of one or more years.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

There are two types of divorces: "Uncontested" and "Contested."

Uncontested Divorce

To get a fast, easy and low cost divorce, filing an "Uncontested Divorce" is a great divorce option.

When a divorce is filed and granted in New York State as an "Uncontested Divorce" it means that the parties to the divorce (the husband and wife, or both spouses in a same-sex marriage), have signed their applicable divorce papers that were filed in court, to indicate that they both agree to all of the terms of their divorce, including: the equitable division of their joint marital property (assets and debts) and the payment or waiver of spousal support.

Also, if there are minor children of their marriage they must both agree on the terms of the custody, visitation and child support.

When both spouses agree to all of the terms of their divorce, and both of them sign the divorce papers, this type of uncontested divorce is commonly referred to as an "amicable divorce" (amicable means friendly).

In an amicable uncontested divorce (friendly divorce), both spouses work together to obtain their divorce. Another common name for this type of divorce is a "collaborative divorce."

Contested Divorce

When both spouses do not agree on the terms of their divorce, and they fight their divorce out in court, that type of divorce is referred to as a "Contested" Divorce.

How to get a no-fault divorce in New York:

1. A "No-Fault Divorce" is a type of divorce where neither spouse has to claim or prove that the other spouse is at fault to end their marriage.
2. In New York a no-fault divorce can be granted if the spouses agree that "the relationship between husband and wife has broken down irretrievably for a period of at least six months."
   
   In other States, this type of no-fault divorce is commonly referred to as "irreconcilable differences."
3. 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.

No one can predict exactly how long it will take to finalize a divorce.

However, by using LetsGetDivorced.com our customers can quickly prepare their New York Uncontested Divorce forms online in as little as 15 minutes for a simple case without minor children (cases with children take a little longer).

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.

Court costs for an uncontested divorce in New York:

1. The New York State Court filing fees are $335.
2. The breakdown of the $335 is: $210 for the Index Number, and ($125 for the Note of Issue and Request for Judicial Intervention).
3. If the plaintiff is granted a "Poor Person" waiver by the Court they will not have to pay the filing fees.
4. A Certified copy of the Judgment of Divorce is approximately $4 - $10 (varies by county).

LetsGetDivorced.com	$99 Service Fee
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No-Fault divorce with or without minor children (child custody, visitation and child support).	Included
Marital settlement agreement.	Included
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Spousal name change provision to resume the use of their former name.	Included
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Article about LetsGetDivorced.com posted on AlleyWatch.com

Interview of Attorney Gerald Bruckner, the Founder of LetsGetDivorced.com posted on TheNativeSociety.com