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Online divorce is a quick way to prepare the paperwork for an uncontested divorce and get a cheap divorce in New York. The couple doesn’t need to hire an attorney, saving thousands of dollars in legal fees. Moreover, divorcing couples can get ready-made divorce forms in a matter of days and file them.
How does it work?
Spouses need to complete a survey and provide the necessary information. The questions concern only information about their marriage and divorce. Nothing extra.
The system generates completed court-required forms under the divorce case specifics and the latest New York requirements within two business days. After that, the spouses can download and file the papers following the instructions.
Couples choose online divorce because:
Contested Divorce
Online Divorce $299
DIY Divorce
When filing for divorce, spouses may need the following forms:
Depending on the case specifics, the list of forms may change. For example, spouses will not need some suggested forms in an uncontested case without children.
To obtain divorce filings, spouses can contact the county clerk, download blank forms for free from official resources, or use the services of CompleteCase.com.
Completing divorce forms can be complicated and exhausting for spouses without legal training. Therefore, before filling out the legal papers, they should perform certain steps.
If the spouses prepare the paperwork incorrectly, with mistakes, or incorrect information, the county clerk may reject them.
An alternative way to quickly and efficiently fill out forms is CompleteCase.com. The online platform will help spouses avoid mistakes and the confusing process of filling out paperwork.
All they have to do is answer the CompleteCase.com questionnaire. Divorcing spouses can do it in the comfort of their own home, at their own pace. Then they simply download the completed PDF forms from their accounts.
The divorce process in New York consists of several critical steps described below.
Grounds for Divorce
Initial Filing
Court Fees
Serving a Spouse
Finalizing a Divorce
Grounds for Divorce
When filing for divorce, each couple must consider the reasons for the divorce. These are the official legal grounds for divorce recognized by the state.
New York recognizes both fault and no-fault grounds for divorce.
A no-fault divorce means that the partners do not blame each other for the marriage breakdown. Since August 2010, couples in New York can file for divorce due to an “irretrievable breakdown” in their marriage that leaves no real chance for reconciliation.
To file for a no-fault divorce, one spouse should point out that their marriage has been broken for at least six months before filing. In addition, partners should resolve all of their divorce-related issues, such as property division, spousal support, and child custody.
The fault-based grounds for divorce are used when one of the spouses wants to complain about the wrongdoing of the other spouse. These include:
In case of a divorce due to fault, the spouse needs to prove the other spouse’s misconduct. Proof includes emails, letters, photographs, videos, and witness statements.
Initial Filing
For the initial submission, spouses need to prepare the “Summons With Notice” or “Summons and Complaint.” Documents should be submitted to the nearest County Clerk's Office. Spouses can also file for divorce through the New York State Courts Electronic Filing system (NYSCEF), but they should check if the e-filing system is available in their county.
Court Fees
When filing for divorce, the petitioner should pay filing fees. In New York, the filing fee for an uncontested divorce is $335. This amount also includes the index fee for divorce.
Serving a Spouse
Within 120 days after filing, the petitioner needs to deliver the divorce papers to the respondent. You can serve your spouse:
Finalizing a Divorce
When the spouses file all the required documents and the waiting period has expired, the court sets a final hearing. In an uncontested divorce, the judge may sign a divorce decree dissolving the marriage at that hearing.
A family law attorney helps spouses organize their divorce and make it as smooth as possible. Attorneys are usually responsible for preparing divorce papers, collecting information, filing documents with the court, serving the other spouse, representing and defending the client’s interests in court.
However, the hourly rate for a lawyer in New York is between $122 and $485 per hour, which not everyone can afford.
In an uncontested divorce, spouses can save thousands of dollars in legal fees. They may refuse the lawyer’s services if they:
An uncontested divorce where the partners do not hire a lawyer is called a DIY Divorce. It means that they will have to prepare and submit documents themselves and maintain their divorce proceedings.
In a DIY divorce, the spouses can use additional online tools like CompleteCase.com to save money and time processing legal documents.
Just a couple of clicks and your papers are ready to be signed.
Child Custody
Child Support
Child support is the amount of money a non-custodial parent needs to pay the custodial parent to help care for children under 21. If spouses can not reach an agreement, the judge will determine child support using a set formula commonly referred to in New York as the Child Support Standards Act (CSSA).
New York does not have a waiting period like many other states. Spouses can immediately receive a final court decree in an uncontested divorce.
However, spouses should consider their case peculiarities, how quickly they served the other spouse, and the court workload. For example, the length of an amicable divorce lasts roughly three months. While a contested one can last up to a year or even more.
If spouses want to shorten their divorce length, they should:
According to Domestic Relations Law, spouses have to meet residency requirements:
How long will it take in New York?
In an uncontested divorce, the spouses can obtain a final court order within three months. In a contested divorce, getting a divorce depends on the number of spouses' disputes that need to be resolved.
Can I get a free divorce in New York?
If the petitioner has a low income, they can file for a payment waiver form. You can get Poor Person Order from the court clerk.
How to file for divorce in New York?
To file for divorce in New York, the petitioner should prepare a “Summons With Notice” or “Summons and Complaint” and apply them to the district court.
How much does a divorce cost in New York?
The minimum cost of an uncontested divorce in New York is $335 (filing fee).
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