The New York residency requirement is satisfied if any of the following are present in your situation:

1. Living in New York When You Got Married: If you and your spouse got married in New York, and at least one of you lived in the state for a year leading up to the filing for divorce; or

2. Living Together in New York for a Year: If you and your spouse both lived in New York for a year leading up to the filing for divorce, and at least one of you is a resident of New York; or

3. Grounds for Divorce Happened in New York: If the reason(s) for the divorce occurred in New York, and at least one of you was a New York resident for a year before the filing for divorce; or

4. Non-New York Marriage and Living Situation: If you and your spouse were not married in New York and never lived together as a married couple in the state, but at least one of you is a New York resident and has lived there for two years before the filing for divorce.

New York does not impose a mandatory waiting period after filing for divorce before a judge can grant it. An uncontested divorce in New York typically takes between 2 to 5 months, depending on the court's workload.

The average cost for a traditional divorce invloving lawyers is around $7,567 not including the court's filing fee which averages approximately $300.

Note: Spouses seeking an uncontested divorce using LetsGetDivorced.com's online divorce service can enormously reduce divorce costs and get all of their divorce paperwork inexpensively for only $99.

It's possible to get a free divorce in New York, but there are some requirements. First, the plaintiff should file for an uncontested divorce. Second, the plaintiff needs to be able to get their New York divorce forms and have them filled out for free, or fill them out themself. And lastly, to not be charged the court's filing fee the plaintiff has to file, and have granted by a judge, the court's fee waiver form.

Note: Using LetsGetDivorced.com's online divorce service the plaintiff can obtain and fill out their divorce paperwork for only $99.

The state of New York allows people to file for divorce without using an attorney and permits online divorce services to provide and prepare the divorce forms required to file for a divorce in New York.

Absolutely! Our fee for completing all your divorce forms online and providing access to our customer support team by phone or email is a one-time payment of just $99. We have no hidden fees, no monthly subscription charges, and no document storage fees.

The plain truth is that we've chosen to offer our high-quality online divorce service at a very affordable price, that allows us to make a fair profit while keeping our company operational to assist as many people as we can.

We wish we could include the court's filing fee but it can vary by county. The court can waive the filing fee for plaintiffs who qualify as low-income and file a request to have the filing fee waived.

In the state of New York, these are the most common forms needed to file for an uncontested divorce without minor children. Summons Verified Complaint for Divorce Notice of Automatic Orders Notice of Guideline Maintenance Part 130 Certification Affidavit of Plaintiff Affidavit of Defendant Affirmation of Regularity Request for Judicial Intervention 'RJI' Note of Issue Marital Settlement Agreement Findings of Fact and Conclusions of Law Judgment of Divorce Plus, if your divorce involves minor children, additional forms will need to be completed regarding custody, child support and visitation. Using LetsGetDivorced.com, it's easy to prepare your divorce forms online for only $99.

No. Where a divorce can be filed is based on the current residence of the spouses.

No. You only need to provide the date of the marriage and the state and county where it took place.

The cheapest and quickest way to get a divorce in New York is to do it yourself, without a lawyer, by filing an uncontested divorce where you and your spouse agree on all terms. In a DIY divorce, you prepare and file the legal documents yourself, so you avoid hiring a lawyer and paying for their services. You only need to pay the court filing fee, unless you qualify for a low-income waiver.

An uncontested divorce is the most cost-effective and least stressful way to get divorced. It is a legal process in which both spouses agree to dissolve their marriage and also come to an agreement on related issues such as child custody, child support, visitation, property division, alimony, and other matters related to the divorce. In an uncontested divorce, both spouses cooperate and work together amicably to reach a consensus on these issues, and their mutal agreement(s) are then presented to the court for approval by a judge.

In contrast, a contested divorce occurs in situations where spouses cannot reach a mutual agreement on one or more of these issues, which will require legal proceedings in court before a judge. In a contested divorce, each spouse typically hires an attorney to represent them and each spouse provides testimony in court (which can be very stressful) to support their position on any disputed issues. The judge will make binding legal decisions to resolve their disputes. Consequently, an uncontested divorce represents a quicker, more cost-effective, and less emotionally taxing alternative when compared to a contested divorce.

The following is a general outline of how child support is usually calculated and handled in New York:

Child support in the state of New York is typically calculated using the state's Child Support Standards Act (CSSA). The CSSA provides a formula for calculating the non-custodial parent's child support obligation based on a percentage of the parents' combined income, up to a certain income cap.

1. Determine Parental Income: The first step is to determine each parent's income. This includes all types of income such as wages, salary, and even certain types of government benefits.

2. Combine the Incomes: Combine both parents' incomes to determine the combined parental income.

3. Apply the Income Cap: The state of New York has an income cap for child support calculations ($163,000 as of 2023, subject to periodic adjustments). Any income beyond this cap is generally not included in the formula, although a court can choose to consider it.

4. Determine the Child Support Percentage: A specific percentage of the combined parental income is set aside for child support. The percentage is determined based on the number of children:

One child: 17% Two children: 25% Three children: 29% Four children: 31% Five or more children: at least 35%

5. Calculate the Basic Support Obligation: Multiply the combined parental income by the appropriate percentage to get the basic child support obligation.

6. Proportional Sharing: The non-custodial parent's share of the child support obligation is then calculated based on their proportion of the combined parental income.

7. Consider Additional Costs: The court may also consider other costs like healthcare, education, and childcare, which can affect the final amount of child support.

8. Issuance of Child Support Order: After the calculation, a child support order is issued, outlining how much and how often the non-custodial parent must pay.

Note: Child Support in an Uncontested Divorce:

In an uncontested divorce in New York, the spouses can agree to use the amount of child support that is calculated using the child support guidelines; and they are also allowed to agree to use a different amount for child support that is higher or lower than the guideline amount.

New York has "fault" and "no-fault" divorce grounds (legally acceptable reasons) to end a marriage.

Cruel and inhuman treatment. The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

Abandonment. The abandonment of the plaintiff by the defendant for a period of one or more years.

Confinement in prison. The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

Adultery. The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in subdivision two of section 130.00 and subdivision three of section 130.20 of the penal law.

Separation for more than one year pursuant to a decree or judgment of separation. The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.

Separation for more than one year pursuant to a written agreement of separation. The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: (a) the names and addresses of each of the parties, (b) the date of marriage of the parties, (c) the date of the agreement of separation and (d) the date of this subscription and acknowledgment or proof of such agreement of separation.

Irretrievable breakdown of marriage for at least six months. The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.

In New York, the basic steps to file for an uncontested divorce without a lawyer begin by determining if you meet the New York residency requirement. The next step is to fill out the "Verified Complaint for Divorce". Then, file the complaint with the Clerk of the Supreme Court in the county where your divorce is being filed and pay the required filing fee. Notify your spouse about the divorce filing by serving them with a copy of the divorce papers. If you and your spouse both agree on all of the issues concerning your divorce, you can draft a "Judgment of Divorce" and file it with the court. If everything is in order, the judge can approve and grant your divorce, and sign the Judgment of Divorce.