Do-It-Yourself Uncontested Divorce in New York
New Yorkers can file uncontested divorces without a lawyer by using the guidance of an uncontested divorce booklet. Uncontested divorces are most successful when both parties of a couple have no objections to the divorce and are able to come to a clear agreement regarding finances, property and custody concerns. The divorce is considered contested if your spouse formally objects to terms of the divorce throughout the process.
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Instructions
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Download the uncontested divorce booklet from the New York State Unified Court Systems website. All necessary forms to complete a divorce are included in the packet. Packets also include step-by-step instructions on how to complete the given forms. Required forms will vary depending on the conditions of your divorce. Couples with children, for example will have additional forms to complete.
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File for an uncontested divorce. You must complete a Summons with Notice or a Summons and Verified Complaint and purchase an index number. File forms at your nearest County Clerk's Office. Serve the Summons with Notice or Summons and Verified Complaint to your spouse. Your spouse must submit the Affidavit of Defendant. If your spouse submits the Affidavit of Service, the divorce moves to contested status. According to the New York State Court, couples must complete Sworn Statement of Removal of Barriers to Remarriage if married in a civil ceremony of if your spouse signs the Affidavit of Defendant.
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Place your divorce case on the New York court calendar. Complete a Certificates of Dissolution of Marriage and the postcard included in the New York forms packet. For couples with children, a Divorce and Child Support Summary must be completed. For couples within the City of New York, a Request for Judicial Intervention must be completed. File all appropriate forms with your New York County Clerk's office. Uncontested divorces involving custodial or alimony agreements may require court hearings.
Between 60 and 90 days, a judge will issue a Judgment of Divorce. After you are issued a Judgment of Divorce, file a Notice of Entry at your county clerk's office. Your divorce is complete once the Notice of Entry is filed.
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Tips & Warnings
In New York, an uncontested divorce costs around $450 to complete. Uncontested divorce packets include poor persons waivers for those who cannot afford to pay filing fees.
An uncontested divorce in New York includes residency requirements. Typically, a couple must have lived in New York for at least one year.
