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To divorce in NY without a lawyer, please read the instructions in the following sections thoroughly. First, you need to have the data to complete these forms: UD-1 or UD-1a along with UD-2.
UD-1 is the form to use when you start a divorce without enclosing the UD-2 (Verified Complaint). In this document you state your name and the name of your spouse, index number, county where the case will be reviewed, the reason why you chose this location, date of filling the form, your reasons for divorce, etc.
UD-1a must be completed only if you are going to enclose the UD-2. It contains similar fields as the previous form. UD-2 or Verified Complaint provides personal data like names, places of residence and marriage registration dates are itemized, as well as the grounds for divorce.
Notice of Automatic Orders and Notice Concerning Continuation of Health Care Coverage must be added no matter if the UD-1 or UD-1a form is chosen. The first document simply states that certain rights of both parties cannot be violated during the process. It protects not only the property rights of the spouses but also their children (e.g. the 4th order says that none of the family, including children, can be exempted from any current health insurance in the process of divorce). It is crucial for both of you to fully understand what every principle mentioned means. Keep in mind that these orders may be changed only by a judge’s decision or by a written modification agreement.
The other papers to complete after your spouse signs the UD-7 form are:
UD-4 (by signing this paper you state that you have done everything possible to remove all the obstacles for the future remarriage of your spouse);
UD-5 (in this paper you ask to put your case into the court calendar for future trial); and
UD-6 (this has the most detail, where you state who and how you fulfilled the residency requirements, data about your children, if suitable, the reason for divorce, how you resolved the issues on property distribution, whether either of you is on military service or is the guardian of your children, etc.).
Do not forget to add financial and child support papers if you have children and have reached an agreement regarding alimony.
Usually divorce litigation is perceived as an expensive and time-consuming procedure, but not in the case of a NY online divorce. This process will cost you little to no money if you take your time understanding it.
Checklist for cutting your divorce expenditures:
Read this article and our FAQ section carefully. As we describe a do-it-yourself divorce in NY, we assume you do not wish to pay for lawyers’ consultations, but still need to know key information about the matter.
Find a compromise with your partner regarding your life after the marriage is over so you don’t have to request a mediator’s service.
Provide us with the data needed to prepare your documents. You can complete all your New York State divorce forms online with us.
Pay your court fees. Divorce filings in NY cost $335 and the fee for your index number assignment is $210. However, these expenditures can be avoided if you are low income and can prove it.
Familiarize yourself with notary fees and find the most appropriate option for yourself.
As you can see, getting a cheap NY divorce is not hard if you put in the effort conducting research.
See if you qualify for online divorce
Fill out an online questionnaire
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The legislation of New York State admits two types of divorce, which are described below. The first one is executed when the couple cannot agree on key issues arising out of divorce, e.g. how to distribute property, who is going to pay alimony for children, is there any spousal maintenance and who is going to pay it, etc. before going to court. In such case, the judge decides on all of these matters after several hearings. The case may take a long time, causing stress and high lawyer’s fees. A contested divorce is hardly ever a quick divorce in New York.
The second option is an uncontested divorce, which is a relatively new option to New York legislation. It means all the discords between husband and wife are settled before they decide to bring their case to the court. It was adopted in 2010 and since then it has become possible for couples to divorce without any explanation. Now only a statement of irreversible marriage failure is needed to start the process. Thus, a quick divorce in NY has become a convenient reality for those who are unable to overcome the disagreements in marriage.
In New York, divorce online and offline have residency demands:
At least one of the spouses must live in NY State for an ongoing period of two years directly before filing
At least one spouse must live in NY State for an ongoing period of one year, and:
Also, for a do-it-yourself divorce in New York, the irreversible failure of marriage should last at least 6 months before starting the case.
To start filing for divorce in New York State, the Plaintiff (the individual who initiates the proceedings) must collect the New York divorce packet of documents, print and check them for errors and sign. We advise you also have copies of all the papers that you submit to the court. Details regarding NY divorce forms are provided in the following sections of the article.
After you have the NY divorce packet gathered with your signature and notary verification, you submit it to the County Clerk’s Office along with the processing fees unless you ask for the fees to be waived (depending on your ability to pay). The Clerk collects everything you provided and assigns the index number (this is a unique number for your case) to your New York State divorce papers.
Having received the index number, the Defendant receives the NY state divorce papers and proceeds to taking respective actions (we look at these more closely later).
1. to check whether the index number is marked at the top of every NY divorce form before handing the papers to the Defendant; and
2. to contact your spouse about receiving the documents.
Keep in mind:
1. The Plaintiff cannot hand the papers to the Defendant by themselves, but the latter must receive them directly in-hand.
2. The individual who is about to deliver the papers must reside in New York State if the papers are to be delivered within its territory.
3. This individual can be either a New York State resident or be eligible to deliver in accordance with the laws of the state where the Defendant currently is/
4. The Defendant must be provided with the papers no later than 120 days after the County Clerk registered them.
When the divorce is uncontested, the Defendant signs the Affidavit of Defendant and notarizes it. This action allows the Court to consider the case ready for review and making a decision on divorcing the couple.Check eligibility
It is an easy divorce in NY in terms of procedures
You don’t have to spend time going to trial
You can have an online divorce in New York
There is no need to meet with your spouse face-to-face
You can file for divorce in NY without a lawyer
The judge’s decision is made quickly
It is cheaper
In this section we review three different options you can choose from when filing for divorce in NY.
01 The Traditional Way
It may take a lot of time as you will need to take all these things into account:
This option is a fully guided and effortless one. You will also enjoy the following benefits:
03 Other Divorce Providers
We are not sure that you’ll get what you pay for. Many of our customers decided to order with us after other divorce providers failed to provide all the documents filled out correctly. You may face the following issues:
The main New York divorce form for the responding spouse is the Affidavit of Defendant, or UD-7. By filling out this document, you simply affirm that you:
are older than 18 years;
are a resident of New York;
received the set of papers listed in the previous section of this article;
do/do not have any relation to the military service in the state or the country;
wish to receive the other documents of the case (the list is mentioned in the form);
do not wish to receive any other documents but only a copy of the judge’s decision on your case;
are/are not the guardian of your children (if applicable); and
have resolved all the economic matters with your spouse.
Please read the additional guidelines at the end of the form carefully to ensure you understand them and that the information you provide is correct.
Pay attention to the specific forms you will have to provide if you are guardian, have low income, etc. All cases are mentioned in the respective sections of the form.Check eligibility
Besides the requirements discussed earlier, this individual fills out the Affidavit of Service. This is a UD-3 divorce form for NY in which the individual:
states that the age and residency requirements for conducting the service are met;
specifies the divorce papers in New York that were delivered;
explains how they identified the Defendant; and
signs the form on the respective line.
Last but not least is how to submit your divorce papers in NY. You can do this offline as well as online:
At the County Clerk’s Office
Through the e-filing system of New York State Courts (NYSCEF).
Using NYSCEF saves you time as you can do it from home. In New York, online divorce is a great option as NYSCEF platform is user-friendly to new customers and all you need to do is:
Create a NYSCEF account
Upload the completed papers in PDF or PDA format
Pay the filing fees with your credit card online.
Thus, you can see how fast divorce in NY is and you now know how to complete and file New York divorce papers online.
The divorce packet in NY includes a large number of different forms that are rather hard to collect. Failure to find a particular form might cause lots of problems and will make the overall divorce process much more complicated.
Preparing a NY divorce kit is considered to be the most time-consuming part of your legal breakup.
Getting a divorce with the lawyer's help is very expensive. You will receive all documents needed, but hiring an attorney will cost you several thousands of dollars.
Once you have decided that there is no other way to continue as a couple, getting a divorce in NY is the best choice for you. This article will guide you through getting a quick divorce in New York State, its stages, requirements, costs and paperwork.Check eligibility