Cheap Divorce in New York

Only  $129 (+ court fee)

How to File a Cheap Uncontested Divorce in New York How to File a Cheap Uncontested Divorce
in New York

Divorce in New York: Step-by-Step Filing Instructions

1. Decide Where to File

   In New York, divorces are filed in the Supreme Court of the county where either spouse lives. A lot of people have the mistaken belief that just living in New York automatically makes you eligible to file for divorce in New York. You or your spouse must first meet the state's residency requirement — and there are a few different ways to qualify.
   If you or your spouse answer "Yes" to any of the questions below, your divorce case meets the residency requirement and can be filed in any county where either of you currently lives.
   Click to View Residency Questions Click to View Residency Questions

   Did you and your spouse get married in New York? -- and -- Is at least one of you living in New York for one year before filing for divorce? Have you and your spouse both lived in New York for one year before filing for divorce? -- and -- Is at least one of you a resident of New York? Did the reason for the divorce occur in New York? -- and -- Is at least one of you a New York resident for one year before filing for divorce? Is at least one of you a New York resident? -- and -- Is that spouse living in New York for two years before filing the divorce ?

   If you or your spouse answer 'Yes' to any of these questions, your divorce case meets the residency requirement and can be filed in New York.

2. File an Uncontested No-Fault Divorce

   What is an unconsted divorce and why is it the best way to file for divorce?

   An uncontested divorce is when you and your spouse agree on all the major issues. It's the fastest, least inexpensive, and least stressful way to legally end a marriage in New York. Here's why:
   Speed: An uncontested divorce moves through the court system much faster than a contested divorce because there are no major disputes to resolve — no long meetings with lawyers, no time consuming pretrial procedures like depositions, and no trial in front of a judge.
   Cost Savings: You avoid the high costs of hiring an attorney to prepare divorce papers and represent you in court.
   Less Stress: When both spouses agree on the terms, it reduces the emotional strain and conflict that often come with contested divorces.

   How do "grounds" fit in?

   Even in an uncontested case, New York law requires a legally recognized reason — called the grounds for divorce. Grounds are the court-accepted reasons a marriage can end.
   In New York, there are two categories of grounds: fault and no-fault. Fault grounds require one spouse to prove misconduct such as cruelty, abandonment, or adultery. However, no-fault grounds do not require proving any misconduct.
   For couples seeking a low-cost uncontested divorce, the simplest and best choice is the no-fault ground of:
   Irretrievable Breakdown of Marriage for at Least Six Months.
   With this option, the spouses agree in writing that the marriage has broken down for at least six months, and that all issues involving spousal support, distribution of property and debts have been resolved. If the divorcing spouses have minor children from their marriage, they will also need to agree on the issues of custody, child support and visitation.
   In most uncontested divorces, neither spouse has to appear in court. The judge reviews the paperwork and, if everything is in order, grants the divorce and signs the Judgment of Divorce.
   Click to View Divorce Grounds Click to View Divorce Grounds

   Fault Based Grounds for Divorce:

   Require proof of marital misconduct.

   • Cruel and Inhuman Treatment
   • Abandonment for at Least One Year
   • Imprisonment for at Least Three Consecutive Years
   • Adultery

   No-Fault Grounds for Divorce:

   Do not require proof of marital misconduct.

   The following two types of no-fault grounds based on "marital separation" provide different legal pathways to obtain a divorce without having to prove marital misconduct. These no-fault grounds are often referred to as "conversion" divorces because they convert a legal separation into a final divorce judgment. For many years they were they only no-fault grounds recognized in New York.

   • Living Apart Pursuant to a Court Ordered Judgment of Separation for at Least One Year
   • Living Apart Pursuant to a Written Separation Agreement for at Least One Year

   In 2010, New York recognized the no-fault ground "Irretrievable Breakdown of Marriage for at Least Six Months" which made it easier for New York residents to file for an uncontested no-fault divorce. This ground has become the no-fault ground in New York that nearly all uncontested divorces are filed with nowadays, and uncontested no-fault divorces are the the predominant type of divorce in New York.

   • Irretrievable Breakdown of Marriage for at Least Six Months

3. Prepare Your Divorce Forms

   You'll need to correctly complete the required divorce forms.
   Using LetsGetDivorced.com, it's quick and easy to generate your complete packet of divorce forms. Just answer a few simple questions in our online questionnaire, and we'll prepare everything you need for filing.
   For an uncontested divorce in New York State without minor children, the following documents are required:
Click to View Divorce Forms Click to View Divorce Forms

Summons and Verified Complaint (Forms UD-1a and UD-2) Used together as an alternative to UD-1 to start the case and provide a detailed written statement of the divorce grounds and relief requested. Affidavit of Service (Form UD-3) Proves that your spouse was properly served with the divorce papers in accordance with court rules. Notice of Automatic Orders Informs both spouses of court-imposed rules that automatically restrict certain financial actions during the divorce process. Notice of Guideline Maintenance Provides information about how spousal support (maintenance) is calculated under New York law. Part 130 Certification (Form UD-12) Confirms that all court papers are submitted in good faith and without frivolous intent, as required by New York court rules. Affirmation of Plaintiff (Form UD-6) Summarizes the facts of the case and confirms that the plaintiff is entitled to a divorce. Affirmation of Defendant (Form UD-7) (Optional) Signed by the defendant to confirm agreement with the divorce and to waive further notice or court appearances. Affirmation of Regularity (Form UD-5) Certifies that all preliminary steps in the divorce process were properly completed and the case is ready for a judge's review. Request for Judicial Intervention (RJI - Form UD-13) Places the case on a judge's calendar so a judge can review all of the divorce documents and grant the divorce. Note of Issue (Form UD-9) Informs the court that all required papers are submitted and the case is ready to be decided without a trial. Marital Settlement Agreement / Stipulation of Settlement A written agreement between the spouses that specifies the division of property, debts, and spousal support; there is no standard court form for this. Findings of Fact and Conclusions of Law (Form UD-10) A summary of the court's legal basis for granting the divorce, usually prepared by the plaintiff and signed by the judge. Judgment of Divorce (Form UD-11) This document contains some basic information about the divorce and is recorded by the N.Y.S. Department of Health. Certificate of Dissolution of Marriage (DOH-2168) A vital records form filed with the New York State Department of Health to officially register the divorce. Notice of Entry (Form UD-11) A document served on the defendant along with the signed Judgment of Divorce to officially notify them that the divorce has been entered by the court and to start the time limit for filing any appeal. Note, if your divorce involves minor children, additional forms will need to be completed regarding custody, child support and visitation.

4. File a "Summons and Verified Complaint" to Start Your Divorce

   File these documents with the Supreme Court Clerk in your county and pay the court's filing fee of $210 to assign an Index # to your case, unless you qualify for a fee waiver.
   Typically, the following forms are also filed at this time: Notice of Automatic Orders, Notice of Guideline Maintenance, and the Part 130 Certification.
   Once the court accepts your documents for filing, it will assign an Index Number to your case.

5. Serve Your Spouse Copies of the Commencement Documents

   You must provide your spouse with a copy of the commencement documents, including the Index Number, within 120 days of filing.
   You are not required to formally serve them and file an Affidavit of Service if your spouse signs and returns the Affirmation of Defendant, and it confirms that they:
   • agree to the divorce and any additional relief requested in the Complaint (such as spousal support or the division of property and debts), and
   • acknowledge receiving the commencement documents.

6. File the Remaining Divorce Documents

   After your spouse signs the Affirmation of Defendant and gives you a copy, you must file it and the remaining divorce documents for the judge to review. You'll need to pay $165 in court filing fees. These documents are:
   Click to View Divorce Forms Click to View Divorce Forms

   • Affirmation of Plaintiff
   • Affirmation of Defendant
   • Note of Issue
   • Affirmation of Regularity
   • Request for Judicial Intervention (RJI)
   • Findings of Fact and Conclusions of Law
   • Proposed Judgment of Divorce
   • Marital Settlement Agreement (or Stipulation of Settlement)
   • Certificate of Dissolution of Marriage

7. The Judge Signs the Judgment of Divorce

   After the judge signs the Judgment of Divorce, your divorce is officially granted. It will then be "entered" into the official records of the County Clerk.

8. Serve the Defendant with the Signed Judgment of Divorce and a Notice of Entry

   Finally, you must provide your spouse with a copy of the signed Judgment of Divorce along with a Notice of Entry. This step formally notifies the defendant (your spouse) that the divorce has been granted.
   You must properly serve these documents and keep proof of service for your records.