Why Divorce.com?
Benefits of an online divorce
Divorce.com is an irreplaceable tool when it comes to uncontested divorce paperwork preparation. This online platform allows spouses to prepare their divorce forms fast and at an affordable price.
Our online service helps the spouses get personalized forms for their particular divorce case and assists them with their completion. As a result, soon-to-be ex-couples won’t have to dig into all the local and state requirements and hire expensive lawyers. With Divorce.com, the paperwork can be handled in a matter of days with no legal help.
All you need to get help from Divorce.com is your device and a stable internet connection. Prepare your divorce forms at any time and place suitable for you.
To proceed with an online divorce, you just need to follow these simple steps:
Fill out our simple online questionnaire at your own pace, pausing and altering the information at your convenience.
Download ready-to-sign forms in a PDF format and get a step-by-step filing guide within 2 business days;
Print the divorce forms and submit them to the court.
New York
Divorce Forms
All the forms required
The divorce forms required for filing in New York depend on the case's circumstances and the type of procedure. The list of basic forms for an uncontested divorce may include but is not limited to the following forms:
Summons (UD-1a or A-2)
Summons with Notice (UD-1 or A-1)
Verified Complaint (UD-2 or A-3)
Affidavit of Service (UD-3 or A-4)
Sworn Statement of Removal of Barriers to Remarriage (UD-4 or A-6)
Affirmation (Affidavit) of Regularity (UD-5 or A-8)
Affidavit of Plaintiff (UD-6 or A-9)
Affidavit of Defendant (UD-7 or A-5)
Child Support Worksheet (UD-8)
Support Collection Unit information Sheet (UD-8a)
Qualified Medical Child Support Order (UD-8b)
Note of Issue, (UD-9), or (A-10)
Findings of Fact/Conclusions of Law (UD-10 or A-12)
Judgment of Divorce (UD-11 or A-13)
Part 130 Certification (UD-12 or A-14)
Request for Judicial Intervention (RJI, UD-13, or A-11)
Notice of Entry (UD-14 or A-15)
USC 113
Affidavit in Support of Application to Proceed as Poor Person
Poor Person Order
Postcard Sample
Certificate of Dissolution
Income Deduction Order
NYS Case Registry
Child Support Summary (UCS-111)
Along with the prepared divorce papers for an uncontested divorce, the spouses have to outline a Marital Settlement Agreement, simplifying the overall process.
Some local forms may be required depending on the attendant circumstances of their divorce case or special regulations of the county where they do the filing.
Steps to consider
Filing Requirements
Residency Requirements
To file for a divorce in New York, the spouses must meet the state's residency requirements. Otherwise, New York courts won't have jurisdiction to handle their divorce case.
To file for dissolution of marriage in New York, the spouses should comply with either of the following requirements:
Either spouse must be a resident of the state for at least one year before filing;
The marriage must have taken place in NY;
Both spouses lived in NY during the marriage; or
The grounds for the divorce occurred in NY.
The divorcing spouses must file their divorce paperwork in the Supreme Court in the county where they meet the residency requirements.
Grounds for Divorce
In New York, the spouses can choose to proceed with a no-fault or a fault-based divorce. Choosing the no-fault grounds, the only thing they should do is to state that their marriage has been irretrievably broken for no less than six months.
Yet, if they are seeking a fault-based divorce, they will need to claim one of the following grounds:
Abandonment (≥ 1 year);
Adultery;
Incarceration for at least three consecutive years since the marriage; or
Physical or mental abuse.
The spouses can also proceed with their divorce based on separation. To do that, they must show that:
They've lived separate and apart pursuant to a court-ordered judgment for no less than 1 year; or
They have lived separate and apart pursuant to a formal written agreement for no less than 1 year.
Initial Filing
In the state of NY, the Supreme Court is the one that handles divorce cases. Yet, Family Court can be rather helpful when the spouses need help with the issues like child custody, visitation, child support, etc.
To initiate a divorce, the plaintiff has to complete and file several forms that include Summons With Notice, or Summons and Verified Complaint, and, preferably, Marital Settlement Agreement, if they have one.
The papers can be submitted in person or via the e-filing system if it is available in their county.
Filing Fees
Along with the divorce paperwork submission, the plaintiff must pay the mandatory filing fee, which is about $210 in NY. Although it's crucial to check the exact amount of the fee, as it may vary depending on the county.
The plaintiff qualifies for a fee waiver if they:
Get public benefits;
Have a low income; or
Can't afford to pay for their household's basic needs and the filing fees.
If they comply with any of the cases, they need to submit a Notice of Motion and a sworn Affidavit that shows the financial hardship to the court.
Serving the Respondent
Since the paperwork is filed, the plaintiff has 120 days to serve the copies of all the submitted divorce paperwork.
There are several requirements for serving:
The server must be 18 years old or older;
The server must be a resident of NY (if serving is done in the state);
The server can be a New York State resident or be able to serve papers according to the law of that state (if serving is done outside of the state).
The server must fill out the "Affidavit of Service" and return it to the plaintiff signed and notarized to prove that the papers were delivered to the defendant properly.
If the defendant was served in the state, they have 20 days to respond. If the defendant was served outside of the state, they have 30 days to respond.
Waiting Period
In the state of NY, there is no mandatory waiting period before the spouses can get a final divorce decree.
Thus, if there are no unresolved divorce-related issues, a divorce can be finalized in 3 months. However, if the spouses cannot agree on any existing issues like alimony, property division, child custody, and child support, the divorce process can be prolonged.
Although, the spouses should keep in mind that the time the judge needs to sign divorce documents also depends on how full the court's docket is at the time of their divorce.
Finalizing a Divorce Case
Regardless of whether a divorce is contested or uncontested, in NY, the judge must sign off on the divorce terms and issue an order of divorce. In case of an uncontested divorce, the judge won't have to make any decisions regarding the terms at the hearing. They will simply review the Marital Settlement Agreement and may ask a few questions.
Filing basics
Filing for Divorce
New York
How to get started
The divorce forms required for filing in New York depend on the case's circumstances and the type of procedure. The list of basic forms for an uncontested divorce may include but is not limited to the following forms:
Summons (UD-1a or A-2)
Summons with Notice (UD-1 or A-1)
Verified Complaint (UD-2 or A-3)
Affidavit of Service (UD-3 or A-4)
Sworn Statement of Removal of Barriers to Remarriage (UD-4 or A-6)
Affirmation (Affidavit) of Regularity (UD-5 or A-8)
Affidavit of Plaintiff (UD-6 or A-9)
Affidavit of Defendant (UD-7 or A-5)
Child Support Worksheet (UD-8)
Support Collection Unit information Sheet (UD-8a)
Qualified Medical Child Support Order (UD-8b)
Note of Issue, (UD-9), or (A-10)
Findings of Fact/Conclusions of Law (UD-10 or A-12)
Judgment of Divorce (UD-11 or A-13)
Part 130 Certification (UD-12 or A-14)
Request for Judicial Intervention (RJI, UD-13, or A-11)
Notice of Entry (UD-14 or A-15)
USC 113
Affidavit in Support of Application to Proceed as Poor Person
Poor Person Order
Postcard Sample
Certificate of Dissolution
Income Deduction Order
NYS Case Registry
Child Support Summary (UCS-111)
Along with the prepared divorce papers for an uncontested divorce, the spouses have to outline a Marital Settlement Agreement, simplifying the overall process.
Some local forms may be required depending on the attendant circumstances of their divorce case or special regulations of the county where they do the filing.
Custody Basics
There are two types of child custody in NY: legal and physical custody. They both can be granted either solely to one parent or jointly to both parents.
Legal custody refers to the parent’s right to make important decisions about a child’s care (including medical care and religious upbringing). When legal custody is awarded jointly to both parents, they make the major decisions together.
Physical custody is also known as residential custody. Whoever has physical custody is responsible for the actual physical care and supervision of a child. Joint physical custody implies that the parents will have an equal amount of time for a child to reside at their place.
When deciding custody, the court typically gives preferences to joint custody as it creates a stable environment and allows the child to maintain a healthy relationship with both parents.
Under New York law, the child’s best interests are the most critical factor determining the child custody arrangement. The following factors include:
which parent has been the primary caregiver/nurturer of the child;
the parenting skills of each parent and their ability to provide for the child's special needs;
the mental and physical health of the parents;
domestic violence cases;
work schedules and child care plans of each parent;
the child's relationships with members of the rest of the family;
the child’s preference, depending on the age of the child;
each parent's ability to cooperate with the other parent and encourage a relationship with the other parent when it is safe.
The parents may be required to take up a Parenting Class (Parent Education And Family Stabilization Course) according to NY Compilation of Codes, Rules and Regulations § 144.3.
Uncontested Divorce
An uncontested divorce occurs when both spouses are willing to resolve their divorce-related issues amicably outside of court. Such issues include child custody, child support, visitation, property and debts division, alimony, etc.
An uncontested divorce is a cheaper and faster option to end the marriage. Typically the spouses sign a Marital Settlement Agreement to proceed with such an option.
Before filing for an uncontested divorce, the spouses should check whether they comply with the state's residency requirements.
Even though an uncontested divorce is a quicker and seemingly more straightforward option than a contested one, it still requires a lot of effort to deal with divorce paperwork completion. The good news is that couples eligible for an uncontested divorce can enjoy the benefits of Divorce.com, an online divorce service created to deal with their divorce forms with no hassle and hidden fees.
This online platform allows spouses to get over their divorce forms from the comfort of their own home. There is no need to change your routine to fill the lawyer’s schedule, and you can save thousands of dollars on lawyer’s fees.
Support Basics
Child support is one of the divorce-related issues that must be resolved. The divorcing parents may either come to an agreement regarding child support themselves or ask the court to decide.
Child Support Standards Chart guidelines help to determine an approximate annual child support obligation, considering both parents' income and the number of children for whom the parents are responsible.
