How Can You Get an Easy Divorce in New York City

You can get an easy divorce in New York City with online forms.

Since 2010, couples in New York City and across the state of New York have been able to divorce without proclaiming that one spouse or the other is at fault. Passage of the no-fault law means divorce cases do not get caught up in court while spouses dispute who is responsible for the breakdown of the marriage. In most parts of the state, a no-fault divorce must be filed in the county where one or the other spouse resides. However, this isn't the case in New York County, or Manhattan, where divorce filings are not dependent upon residence.

Instructions

1. Establish where you must file your divorce action. Every county except New York County requires that you file in the county either you or your spouse resides.

2. Determine whether your divorce can be considered no-fault in New York City. You must be able to state under oath that your marriage has been irretrievably broken down for at least six months. If either you or your spouse contest the divorce, the divorce process will become complicated.

3. Meet with your spouse and determine an equitable division of marital assets. This does not necessarily mean equal in amount, but in fairness. The more amicable the division of property is, the quicker and easier your divorce will be.

4. Decide as a couple if either spouse will receive a payment of support. If both agree to no support, include a waiver of support within your divorce paperwork that is filed in the New York City court system that has jurisdiction in your case. Also discuss filing fees, custody and child support; however, if you have children together, the divorce is less likely to be quick and easy.

5. Download uncontested divorce forms from the New York State Unified Court Systems website.

6. Fill out paperwork and include information discussed by you and your spouse on division of property, assets, support and fees.

7. File divorce papers in your New York City county of residence, or that of your spouse. Have papers served on your spouse. If your spouse contests anything in the documents, it will prevent your divorce from being easily completed.

References

• NYC.gov: Frequently Asked Questions
• Divorce Source: New York State Divorce Laws
• New York State Unified Court System: Divorce Resources
• Bloomberg; Divorce Easier as New York Law Ends Need to Lie; Carlyn Kolker and Patricia Hurtado; August 2010
• Women's Law.org; Divorce; February 2011
• Divorce Today: No Fault Divorce in New York

Resources

• New York State Unified Court System: Divorce Resources: Divorce Forms