Get a Quick Divorce in New York

Divorce in New York can be accomplished quickly if the two spouses can agree on distribution of property, custody of children, and support and visitation. If you meet the residency requirements, New York has a step-by-step procedure for uncontested divorces including forms and detailed instructions.

Steps

Preparing for Your Divorce

  1. Verify your eligibility to file for divorce in New York. The Domestic Relations laws for New York are very specific on residency. Section 230 states that to be eligible to file for divorce in New York, you must meet one of the requirements.[1]
    • If you were married in another state, either you or your spouse must have lived in New York for at least two continuous years before the filing date of your divorce.
    • You must have lived in New York for at least one continuous year if you were married in New York state or you and your spouse lived together in the state as a married couple.
    • If you will be alleging grounds other than "irretrievable breakdown" (no-fault divorce,) you and your spouse must be able to show one continuous year of residence and that the grounds occurred in New York state. For example, if you are alleging adultery, you must be able to show that the affair was consummated inside state lines.
  2. Choose your grounds for divorce. In an expedited divorce where the parties agree on all terms, the most common legal reason cited is section 170(7) of the Domestic Relations law which states "The relationship between husband and wife has broken down irretrievably for a period of at least six months."[2]
    • Other grounds include adultery, imprisonment, legal separation for over a year, cruelty, and abandonment.[3]
    • Unless you and your spouse both agree to grounds, such as admitted adultery or imprisonment, strongly consider using the no-fault option. Divorce is stressful enough without placing blame in public documents. One exception is abandonment where you cannot locate your spouse. Alleging abandonment can help you get permission for service by publication.
    • Grounds in New York are very specific. For example, cruelty must rise to the level of domestic violence to meet the standard. The acts of cruelty cannot have happened more than five years ago. You will be required to detail the acts with dates and places. If you want to allege specific grounds for your divorce, you should consult with a family law attorney to make sure you draft the petition with the level of detail required by the court.[3]
  3. Prepare to pay the filing fees. In an uncontested divorce, you can expect to pay approximately $350 in fees, not including a process server. You must be able to pay these fees at the time you file.
    • If you are low income, you may qualify to have some or all of the filing fees waived. You must file a notarized "Affidavit in Support of Application to Proceed as a Poor Person."[4] The judge will review your application and may request that you provide proof of income and expenses. If your application is accepted, the judge will issue an order[5] and your divorce will proceed without payment of the filing fee.

Filing Your Uncontested Divorce With No Children

  1. Review the requirements of the Uncontested Divorce Program. If there are no children under the age of 21 born or adopted into the marriage[6] and all property and debt division are unanimously agreed to, you can qualify for the expedited Uncontested Divorce Program.[7]
    • Only no-fault divorces, meaning the problems in the relationship have been ongoing for at least six months and cannot be reconciled, are eligible for this program. There can be no allegations of fault. At least one party must be willing to swear under oath to this breakdown of the marriage.[7]
  2. Verify your computer capabilities. To use this program, you must be at a computer equipped with Microsoft Word or the free Microsoft Word Viewer.[8] The computer must also be attached to a printer to generate your filing copies. There is no online filing option in New York.
  3. Gather the necessary information. The program has a checklist showing the information you will need before you start.[9] Most of it is straight forward, such as names and contact information for the parties, the date and place of the marriage, and details of the settlement agreement.
    • A settlement agreement can be as simple as statements to the effect of, "Parties have separated the personal property and debts." If there are vehicles or leases, list them individually. For example, "Plaintiff will retain ownership of 2012 Toyota Camry, VIN #[number]," or "Defendant will retain the right to occupy the apartment located at [address]."
    • If there is real estate, you must detail if it will be sold or if one of the parties will be keeping it. Detail out things like equity buy-outs or agreements on mortgage payments. For example, "Plaintiff will retain ownership and assume the mortgage of house located at [address]. Defendant will receive a lump sum payment of [amount] payable by [date]. Upon payment, defendant will execute the necessary deeds in favor of plaintiff."
    • Even though you are using the Uncontested Divorce Program, consider consulting with an attorney to create the settlement agreement if there are any complicated issues such as investments and retirement accounts. A little work before filing can speed the divorce through the system.
  4. Determine if the spouses will go back to former names. Regardless of who files as the plaintiff, if the wife or same-sex spouse adopted the other spouse's name in the marriage, the divorce petition can be used to legally restore the unmarried ("maiden") name. The same process can be used if both parties legally adopted hyphenated names. The divorce can restore the singular surname. This information can be entered in the form generator.
  5. Purchase an Index Number. Preparation of your documents will go faster if you already have your index number from the court. You can file a Summons and Notice and pay the fee to receive your index number.[10] At this time you will also file your application to have the fee waived. You will file at the courthouse in the county where you reside, even if another courthouse is closer.
  6. Use the state program to generate your divorce petition. The state of New York, working with Legal Services, has created an interactive online program to generate a court-ready document package for uncontested divorces.[11] One party can prepare the documents for the other to sign or you can work on it together.
    • You can also hire an attorney or document preparation service to prepare your divorce package. You will not be paying for representation, but for consultation and tailoring of the documents and services to meet your unique situation.[12]
  7. Review and sign the documents. Once you have your divorce package, both parties must read and sign the documents. The petition will need to be signed in front of a notary in blue ink to show that it is an original signature. You and your spouse can sign them separately, but both signatures must be on the same divorce package.
  8. File your divorce package. The state of New York provides a detailed step-by-step procedure to file your divorce documents.[3] In summary, you will bring your index number, your summons, and your completed divorce forms. Bring the original and two copies of all the documents. The court will keep the originals and return two file-stamped copies, one for each party, to you.
  9. Determine if service of process is needed. 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.[13]
    • 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. The process server will file an affidavit of service.[14] Expect to pay between $50 and $100 for this service.
  10. Put your divorce on the court calendar. If your spouse has signed the Affidavit of Defendant, you can request an immediate calendar entry. If not, you will have to wait a minimum of 40 days after the date of service to request a court date. Procedures vary a bit from county to county. Some courthouses are more formal than others. Speak with the court clerk as to whether you can schedule a hearing with an oral request or will need to ask in writing.
  11. Receive your final judgment. Depending on the county of filing, you may or may not have to appear in court. Ask the court clerk if there is a requirement for you to appear. Most courts, especially in the more populous counties may grant your divorce by signature. If this is the case, you will receive the postcard from your divorce package in the mail. At that time, you can pick the decree up at the court clerk's office. Bring your identification and expect to pay around $10. If you have an order waiving your fees, bring a copy and your document fees will also be waived.
    • Give a copy to your spouse. You can now proceed with changing your name on documents, rewriting leases, or updating financial accounts.

Filing Your Uncontested Divorce With Children

  1. Verify that the divorce is uncontested. New York legal procedures when children are involved are quite complex. It is best for you and your spouse to agree on issues of property, custody, and visitation before you begin to prepare the mountain of forms.
    • Consider summarizing your agreement in a memo that you and your spouse both sign and date. It may prevent arguments further into the procedure.
  2. Review the legal forms and instructions. There are 17 forms required to complete an uncontested divorce with children in New York. These forms can be downloaded as Microsoft Word documents or as .PDF files for printing. [15] The state has also compiled a detailed instruction book that details how to fill out the forms field by field.[3]
    • As you complete the forms, one or both spouses can elect to be restored to an unmarried surname. This includes couples that elected to legally hyphenate their names when they married. A divorce decree will allow reissue of driver's licenses, social security cards, and voter registration.
    • Nothing in the law prevents you from having help, either your spouse, someone else, or a paid preparer to complete the divorce package.
    • Type or print the forms neatly in black ink. This enables the forms to be copied and scanned clearly.
  3. Complete the child support worksheet. Even if you and your spouse are agreeing to a different amount, you must still file a completed worksheet to show what the payment would be under the law.[16] The judge will only deviate from the presumptive amount on a showing that there will be adequate support for the children. You must also complete a Medical Support Order stating that the parents will enroll the children in employer health care when it is available.[17]
    • You and your spouse can work on the worksheet together, you can exchange it with each of you filling out your part, or you can estimate your spouse's income and expenses. Note, if you estimate it, your spouse can contest the amount and delay the divorce. It is better to cooperate.
  4. Sign and notarize the documents. Most of the documents require your signature, some of them in front of a notary public. There are also places for your spouse to sign for an uncontested divorce. Even though you prepared the documents in black ink, sign them in blue to identify the original documents.
  5. Determine if service is needed before you file. Like a divorce with no children, the divorce with children can be expedited if the defendant is willing to waive service and accept the summons and complaint. To waive service, your spouse can sign the Defendant's Affidavit.[13]
    • If your spouse refuses to sign the affidavit, you will have to arrange for a process server to deliver the divorce package and file an Affidavit of Service.[14] This will add approximately 40 days to the length of the divorce procedure.
  6. File for an index number and calendar your divorce. Once the forms are complete and signed, you can file them at the courthouse in the county where you live, even if another courthouse is closer. At this time you will pay the filing fees or file an application to have the filing fees waived. Take the originals and two copies. The court will keep the originals and there will be one file-stamped copy for each of you.
  7. Receive your final divorce decree. Ask the court clerk if there is a requirement for you to appear. Depending on the county of filing, you may or may not have to be present in court for hearings on uncontested divorces. If divorce is granted by signature, you will receive the pre-filled postcard from your divorce package in the mail. At that time, you can pick up your divorce decree at the court clerk's office. Bring your identification and expect to pay around $10. If you have an order waiving your fees, bring a copy and your document fees will also be waived.
    • Give a copy to your spouse. You can now proceed with changing your name on documents, rewriting leases, updating school records, and financial accounts.



Tips

  • If you need help reaching an agreement, you may want to consider attending mediation. During mediation, a trained professional called a mediator will listen to you and your spouse and help you understand what the other wants and reach a decision on contested issues, to which you can both agree. For more information on divorce mediation, see the New York Court’s Divorce Mediation information.

Related Articles

Sources and Citations

  1. ↑ http://law.onecle.com/new-york/domestic-relations/DOM0230_230.html
  2. ↑ http://www.nycla.org/PDF/Domestic%20Relations%20Law%20Sections.pdf
  3. ↑ 3.0 3.1 3.2 3.3 https://www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf
  4. ↑ https://www.nycourts.gov/divorce/forms_instructions/POOR-AFF.pdf
  5. ↑ https://www.nycourts.gov/divorce/forms_instructions/POOR-ORD.pdf
  6. ↑ http://nycourts.gov/courthelp//Family/divorceChildren.shtml
  7. ↑ 7.0 7.1 http://nycourts.gov/courthelp//diy/divorce.shtml
  8. ↑ https://support.office.com/en-us/article/Use-Word-Online-to-read-and-print-documents-b7028bfd-8c8e-45cd-beea-00b6362fa3f8
  9. ↑ http://nycourts.gov/courthelp//pdfs/DIYchecklist/divorce_checklist.pdf
  10. ↑ https://www.nycourts.gov/divorce/forms_instructions/ud-1.pdf
  11. ↑ https://lawhelpinteractive.org/Interview/GenerateInterview/2427/engine
  12. ↑ http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1834&context=ulj
  13. ↑ 13.0 13.1 https://www.nycourts.gov/divorce/forms_instructions/ud-7.pdf
  14. ↑ 14.0 14.1 https://www.nycourts.gov/divorce/forms_instructions/ud-3.pdf
  15. ↑ https://www.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
  16. ↑ https://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf
  17. ↑ https://www.nycourts.gov/divorce/forms_instructions/ud-8b.pdf

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