Using Online Divorce For Your Uncontested Divorce
New York is happy to let you file your own divorce without hiring a divorce lawyer. However, you have to be filing an uncontested divorce for the process to be effective. Our online divorce services are designed around uncontested divorces. As long as you and your spouse agree on what will occur, online divorces work incredibly well.
At CompleteCase, we will ask you a series of questions to verify that you are eligible for our services. Once we are sure what we do will work for you, we will ask you further questions to help you fill out the appropriate forms for your uncontested divorce. We will also provide you with extensive instructions on how to complete your divorce.
When your forms are completed you can take them to your county clerk. New York requires you to file your divorce papers with the county that you or your spouse reside in. Keep in mind that you or your spouse need to have lived in New York for at least a year to seek a divorce in the state.
The clerk will accept your paperwork once you pay the $210 filing fee. You will need to pay an additional $125 to file your Note of Issue. Along with your paperwork you will submit a self-addressed postcard with postage included so the clerk can notify you when your paperwork.
Within 60 to 90 days you should be notified to come and complete the divorce process.
What Documents Are Usually Required
The divorce documents needed varies for a number of reasons. First, you should be aware that divorce documents may vary from court to court as some courts require certain documents specific only to their local court. In addition, each divorce case is unique and contains its own circumstances and scenarios which impacts what documents are needed for each individual case.
For example, one case may involve children and another may not. A case may or may not involve a house, land or other property. In one case a spouse may wish to restore their maiden name and in another a spouse may wish to continue using their married name after the divorce. Each of the aforementioned situations determines which documents and language within the documents are necessary.
Use the appropriate link below to review the list of common documents in a New York uncontested divorce. The lists have been divided into two categories:
Filing A Divorce Action
The first thing that you must do to begin a divorce action is serve your spouse with either: a summons with a complaint for divorce or a summons with a notice of the divorce action. Serve usually means the summons is personally delivered to your spouse and the delivery is formally documented. If personal delivery is impossible, the court may allow another form of service. After your spouse is served, you file both the summons and the proof of service in court.
Even if you do not know where your spouse is living, you can file for divorce if you have made a due diligent effort to find your spouse but you were unsuccessful. Your lawyer can ask the court for permission to post a legal notice of the divorce action in a newspaper. If your spouse does not come forward, the court may allow you to obtain your divorce by default.
If you are filing for an uncontested divorce then serving your spouse is easy, since he or she is cooperating. You and your spouse may even have already signed a stipulation of settlement containing the detailed terms of your divorce.
In order to file for divorce in New York, at least one of the following five residency conditions must be satisfied:
- At least one spouse has lived in New York State continuously for the previous 24 months.
- The reason for the divorce occurred in New York State and at least one spouse has lived in New York State continuously for the previous 12 months.
Legal Editor: Charlotte Lee, April 2015
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How Do I Get New York Divorce Documents And Settlement Agreements
Through this website we provide a way to complete an agreed divorce 100% online. You must qualify to use the 100% online process. This website allows you to answer simple questions online and then receive all the necessary paperwork online. All the paperwork is drafted and prepared by a duly licensed New York attorney. You and your spouse may then choose to sign and notarize the paperwork online and choose to have the online attorney E-file the paperwork with the court for you.
Alternatively, you can choose to file the paperwork received via this website. You and your spouse simply sign and notarize it, then mail or deliver it to the courthouse. All paperwork you receive via this website is prepared by a duly licensed New York attorney. Do not trust just anyone to prepare your paperwork. The divorce judges in New York are very particular and will dismiss your divorce case if you do not file the correct paperwork and/or fail to draft the paperwork properly.
What Are The Residency Requirements To File For Divorce In New York
You may file for divorce in New York if you meet one of these residency requirements:
1 NY Dom Rel Law § 230
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What If I Cannot Locate My Spouse
Generally, if you cannot locate your spouse you will need to file the documentsprovided by Online Divorce New York and then file for default.
Online Divorce New York does not provide service by publication forms or default forms.
These are fairly simple forms which are available at most courthouses andlegal supply stores. The difficult documents, those that actually createthe divorce, are provided by Online Divorce New York.
Divorce In Your County
This page features courts that provide county-specific online divorce information. Before you start the divorce process, see the brief descriptions below of the information provided by each county. Use the links provided to quickly access this information.
Quick Links Index:
| Westchester |
If your county is not listed, go to Supreme Court Contact Information. Select your county of residence from the list and contact the court directly for additional information.
Remember, only the Supreme Court can give you a divorce in New York State. Please use the resources available on this website if you need help finding a lawyer or completing your divorce papers by using the court’s free divorce forms and instructions.
If your case is not yet in court, or if you have parenting or economic issues to resolve with your spouse during your divorce and you want to do it outside of court, you may condsider forms of alternative dispute resolution such as mediation or collaborative divorce to help reduce the emotional and financial stress of divorce for you and your children.
- Fifth Judicial District – includes: Herkimer, Jefferson, Lewis, Oneida, Onondaga & Oswego CountiesThe 5th Judicial District offers parties access to trained neutral evaluators and mediators for commercial, personal injury, general civil, matrimonial cases. Contact the professionals directly to learn about their credentials and hourly rates.
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How To File For Divorce In Nyc Online
You will still need to provide the filing fee unless you request the fee be waived. You can get more information from the county clerk’s office.
How To Get A Divorce Online Legalzoomcom
Can I File For A Divorce Online In New York
You sure can. As a matter of fact, filing for divorce online in New York can be a great way to save time and money.
Online divorce isnt right for everyone. It doesnt work if you have a contested divorce .
If you have a dispute over child custody or particularly complicated finances, you should consult with a lawyer. Theres simply too much on the line to cut corners.
But if you have an amicable divorce, you might be able to do it yourself.
I wont sugarcoat it. The legal system is confusing. Theres a ton of paperwork and mistakes can be costly.
Fortunately, there are tools that can help. Thats where 3StepDivorce comes in. 3StepDivorce makes it easy to complete all your divorce papers and gives you clear step-by-step filing instructions. All you need to do is answer a series of questions, which shouldnt take more than an hour.
Not all online divorce companies are created equal. In fact, most fail to deliver on their promises. Heres how 3StepDivorce stands out:
- A+ rating with the BBB
- 100% court approval guarantee or your money back
- Established in 1997 with over 750,000 customers
- Private and secure
- $299 flat-fee with no hidden charges
- Flexible monthly payment options
- Unlimited live support by phone and email
- Print your completed forms immediately or have them mailed to you at no additional cost
- Excellent customer reviews
In some counties, you can file your divorce papers electronically using NYSCEF . Check the list of counties that allow e-filing for details.
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What If I Have Legal Questions Before I Start Using Online Divorce New York
Online Divorce New York employees cannot answer legal questions. However, each of thequestions asked during the process has a simple explanation and some have laws to review.
Most legal questions are addressed through the process of answering the questionsand reading explanations and law as necessary.
You will have access to New York licensed attorneys via your account.That service is separate from Online Divorce New York service and willrequire paying a small fee if you wish to use it.
What If I Want Information But I’m Not Sure About Getting A Divorce At This Time
The information and law provided with each question, as well as the forms providedat the end of the process will provide a great deal of information about the lawand process relating to getting a divorce.
If you choose not to file the documents, you will not get a divorce.You can use the information and the forms for informational purposes if you wish.
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What Are The Residency Requirements To File For A Divorce In New York
Although there is no waiting period, there is a residency requirement for getting a divorce in New York. For divorce purposes according to New York state law, a couple must meet one of five criteria:
What Is Online Divorce
New York requires that you present your completed divorce documents directly to your county clerk. You may do this in person or by mail, but you still have to send paper documents to a physical location. This means that, while online divorce services like CompleteCase can do a lot for you, filing for divorce still requires certain actions on your part.
At CompleteCase, our online divorce options give you the ability to enter your information and get a customized set of forms for your particular needs. We help you complete these forms so you can present them to your county clerk in confidence, knowing that you have done everything required of you to get a legitimate divorce quickly.
Online divorce is an excellent option when you know you and your spouse are in agreement about how your divorce should proceed and will remain in agreement through the process. This is known as uncontested divorce.
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File Your Documents With The Court
If you are working with an attorney, they will make sure all the forms are correct and will file them for you at the appropriate court. This will either be in the county where you live or where your spouse lives.
You will need to pay $210 for an index number that needs to be put on all documents filed with the court. The total costs for court and filing fees in an uncontested divorce is $335 and does not include photocopies, notary fees, mailing, process server fees or attorney costs.
Exception To Residency Requirements
As a general rule, only Canadian residents can divorce in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada’s Divorce Act. But you may be able to end your marriage under the Civil Marriage Act if you meet BOTH of the following criteria:
- You married in Canada and
- You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.
To undo your marriage under the Civil Marriage Act, you would need to apply to a Superior Court in the province or territory where you married. A lawyer in that province or territory may be able to advise you on what you need to do. You may also be able to get information from a Superior Court or from the Department of Justice or Attorney General in the applicable province.
A process under the Civil Marriages Act only ends the marriage. You would need to resolve other issues such as child support and spousal support under the laws of the country where you live.
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What Are The Residence Requirements For A New York Divorce
An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:
Finalizing Your New York Divorce
In an uncontested divorce, once the defendant is served, he/she may respond in any of the ways mentioned below:
The defendant files his/her answer with the supreme court and also serves the plaintiff, which means that the divorce becomes a contested one.
The defendant signs the Affidavit of Defendant form, which means that he/she agrees to all the terms of the divorce and you can move the next step i.e. calendaring.
The defendant doesnt respond, which means that he/she has defaulted and you move to the next step of calendaring.
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How To Start A Divorce Application
The Divorce Act is a federal law, but the provinces and territories are responsible for the processes for getting a divorce. You need to fill out the right forms for your province or territory and file them in a court. Or, your lawyer can do this work for you. You must follow the rules of the court that processes your divorce. You may also have to pay an application fee.
It is always a good idea to get legal advice before you apply. A lawyer can tell you about your rights and responsibilities and explain how the law applies to your situation. He or she can also explain what other documents you may need to give the court.
Depending on your province or territory, you might be able to get divorce application forms and information from:
- the website or office of your provincial or territorial Ministry of Justice or Attorney General
- courts
- bookstores
It will probably be best if you and your spouse can agree on major issues such as child support, custody and parenting arrangements, spousal support and property issues before you apply for a divorce. If you cannot agree, you can ask the court to decide. But if you do that, your divorce may take longer to complete. It will probably also be much more expensive and stressful for you and your family if the court has to make these decisions for you.
Your province or territory may offer family justice services such as mediation to help you make difficult decisions.