How to Obtain a Non-Contested Divorce in New York State
Filing an uncontested divorce in the state of New York is very simple. You can download the divorce forms from the Internet and print them out at home. Uncontested divorces rarely need the aid of a lawyer unless children are involved. When both parties are in agreement about the divorce, the handling of child custody and the division of property and money, divorce becomes nothing more than papers to file and time to wait.
Other People Are Reading
Instructions
-
-
1
Sit down with your spouse and write out a detailed divorce agreement. Decide such things as who keeps the house, who pays alimony and in what amount, who has the children and how often they can be visited, and how to divide material assets. Set up a provision for health care for the children.
-
2
View the residency laws and legal grounds for divorce at nycourts.gov. New York residency laws are complicated and there is no provision for divorce on the grounds of incompatibility. Instead, a separation of one year is necessary.
-
-
3
Download and print out the uncontested divorce packet forms. These forms enable you to represent yourself in your divorce. Fill them out and sign them together.
-
4
Present your divorce forms to your local county clerk of court. Pay the fees associated with filing the papers, which include the purchase of an index number ($210) and a note of issue (varies, depending on where you live). File for a Poor Person's Waiver if you cannot pay these fees.
-
5
Return to the clerk of court to obtain your signed copy of the judgment. Divorce proceedings take an average of two to three months to finalize. You'll receive a notice in the mail from the clerk when they have been signed by the judge.
-
6
Mail a copy of the judgment to your ex-spouse along with a filled out "notice of entry" form. This makes him or her legally aware that the divorce is final.
-
1
Tips & Warnings
A lawyer can help you fill out the uncontested divorce forms for a few hundred dollars if you're unsure about doing it alone.
You can fill out an uncontested divorce packet without your spouse and have them served to him or her.
References
- Photo Credit A businessman an businesswoman shaking hands image by sumos from Fotolia.com
