Low-Cost Uncontested
Divorce in New York
Online
|
|
We make it simple to prepare your divorce papers online
|
|
|
|
For over 12 years, our comprehensive New York divorce service has helped thousands of people get an affordable, fast, and easy divorce by preparing all the necessary documents for an uncontested divorce filing and providing step-by-step guidance to navigate the process from start to finish.
|
-
Expert Customer Support
-
Fast, Same-Day Document Preparation
-
Convenient, 100% Online Divorce Service
|
Our Simple Divorce Process
|
- Check Your Eligibility
Use our eligibility form to find out if you qualify to use LetsGetDivorced.com.
- Complete the Online Questionnaire
Answer simple questions about your divorce and any agreements with your spouse in our guided online questionnaire. There's no complicated legal jargon and our customer support team is here if you have any questions.
On average, it takes about 15 minutes to fill out the questionnaire. It will take a little longer if your divorce involves children or property.
- We Prepare Your Divorce Documents the Same-Day
When you complete the questionnaire, we will prepare all the necessary documents for your uncontested divorce.
This includes a settlement agreement, ensuring compliance with your state's legal requirements and accurately reflecting your agreements with your spouse.
- Instant Online Access to Your Documents
You can review your documents in your online account and instantly revise them if you decide you want to change any of your answers.
- File Your Documents
When you are ready, you and your spouse both sign the documents. That's all your spouse needs to do; there's no requirement to sign together or at the same time, and it doesn't matter if they're living in another state or a different country.
After signing, you file the documents and finalize your divorce with the court following our step-by-step instructions. A judge will review your documents and grant your divorce.
|
What Makes Us Different
|
- Expert Customer Support—From Start to Finish—So You Get Divorced Fast
We guide you every step of the way to make the process as simple and stress-free as possible.
Unlike other services that leave you to figure things out on your own, we provide clear instructions, real customer support, and a process designed to get your divorce finalized as quickly as possible. Our friendly and knowledgeable team is here to help from the moment you start until your divorce is finalized.
- Fast, Same-Day Document Preparation
Our same-day service delivers ready-to-sign legal divorce documents that comply with your state's requirements, all at a fraction of the cost of hiring an attorney.
You can start the process and receive all your documents on the same day—there's no quicker way to ensure your divorce papers are ready and court-approved.
Unlike many online divorce services, paralegals, and attorneys—who often take days to weeks to prepare documents and frequently charge extra for expedited service—we guarantee your complete set of documents will be prepared the same day you order them and complete our online questionnaire.
- Convenient, 100% Online Divorce Service
Unlike many other services that rely on slow, outdated processes, such as mailing paper "workbooks" for clients to fill out, at LetsGetDivorced.com we use modern internet technology to do things better.
Paralegals and attorneys often require clients to mail these workbooks back and forth for review and corrections, which can take weeks. Because we use an online questionnaire, using LetsGetDivorced.com is simple, convenient, and very quick.
You can enter your divorce details and agreements with your spouse in minutes, and make instant corrections, and we also instantly deliver your completed divorce documents directly to your online account for your review and filing.
You can conveniently and privately access our service from anywhere at any time, using a computer or smartphone. This makes our service the fastest and most convenient way to get your completed divorce documents.
|
A Cost Effective Choice
|
|
Our service is the most affordable attorney-founded uncontested online divorce service.
|
|
It's an ideal, cost-effective option for anyone searching for an affordable attorney or a low-cost paralegal near them.
|
|
Since our online divorce service is available throughout the state, clients can benefit from our exceptionally low price and fast, comprehensive service no matter where they live.
|
Court Acceptance Guarantee
|
|
For over 12 years, we've helped thousands of clients obtain uncontested divorces by using our fast and affordable online divorce service.
|
|
We stand behind our service with a court acceptance guarantee: if a court rejects your documents due to our error, we'll redraft them or refund our service fee.
|
Ready To Move Forward?
|
|
Save time, money, and stress with LetsGetDivorced.com.
|
|
|
|
|
|
|
|
|
|
|
Customer Testimonials
Customer Testimonials
|
|
|
|
Easy divorce experience
|
|
From beginning to end my divorce was very easy. The support staff I spoke with were always very friendly, polite and helpful.
They do a great job explaining everything so you feel confident and understand all the steps.
|
|
E. Wick
|
|
|
|
Wonderful customer support!
|
|
Whenever I called or sent an email during business hours a member of your support team always responded very quickly.
|
|
Noah
|
|
Read more reviews
|
|
|
|
|
|
|
|
New York Divorce FAQs
New York Divorce FAQs
|
What are the residence
requirements to file divorce
in New York?
What are the residence requirements to file
divorce in New York?
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.
How long does a divorce take
in New York?
How long does a divorce take in New York?
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.
How much does a divorce cost
in New York?
How much does a divorce cost in New York?
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 $125.
How to get a free divorce
in New York?
How to get a free divorce in New York?
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 $125.
Is online divorce legal
in New York?
Is online divorce legal in New York?
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.
Is the fee to use
LetsGetDivorced.com
only $125?
Is the fee to use LetsGetDivorced.com
only $125?
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 $125.
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.
Does the fee to use
LetsGetDivorced.com
include the court filing fee?
Does the fee to use LetsGetDivorced.com
include the court's filing fee?
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.
What forms do I need to file
for a divorce in New York
What forms do I need to file for a divorce in New York
|
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 $125.
|
|
Do I need to file my divorce
in the county where my
marriage took place?
Do I need to file my divorce in the county
where my marriage took place?
No. Where a divorce can be filed is based on the current residence of the spouses.
Will I need to provide a copy
of my marriage certificate
to the court?
Will I need to provide a copy of my
marriage certificate to the court?
No. You only need to provide the date of the marriage and the state and county where it took place.
What is the cheapest and
quickest way to get a divorce in New York?
What is the cheapest and quickest way
to get a divorce in New York?
An uncontested divorce is the cheapest, quickest, and least stressful way to get divorced in New York because by you and your spouse agreeing on all terms, you will not need to hire an attorney to represent you in adversarial court proceedings. If you qualify for a waiver you will not have to pay the court's filing fee.
What is an uncontested
divorce?
What is an uncontested divorce?
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.
How is child support calculated
and handled in New York?
How is child support calculated and handled in New York?
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.
What are the grounds for a
divorce in New York?
What are the grounds for a divorce in New York?
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.
How to file an uncontested
divorce in New York
without a lawyer?
How to file an uncontested divorce in New York without a lawyer?
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.
|
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|
|
Low-Cost Uncontested
Divorce in New York
Online
Low-Cost Uncontested Divorce
in New York
Online
|
|
We make it simple to prepare your divorce papers online
We make it simple to prepare your divorce papers online
|
|
For over 12 years, our comprehensive New York divorce service has helped thousands of people get an affordable, fast, and easy divorce by preparing all the necessary documents for an uncontested divorce filing and providing step-by-step guidance to navigate the process from start to finish.
|
-
Expert Customer Support
-
Fast, Same-Day Document Preparation
-
Convenient, 100% Online Divorce Service
|
Our Simple Divorce Process
|
- Check Your Eligibility
Use our eligibility form to find out if you qualify to use LetsGetDivorced.com.
- Complete the Online Questionnaire
Answer simple questions about your divorce and any agreements with your spouse in our guided online questionnaire. There's no complicated legal jargon and our customer support team is here if you have any questions.
On average, it takes about 15 minutes to fill out the questionnaire. It will take a little longer if your divorce involves children or property.
- We Prepare Your Divorce Documents the Same-Day
When you complete the questionnaire, we will prepare all the necessary documents for your uncontested divorce.
This includes a settlement agreement, ensuring compliance with your state's legal requirements and accurately reflecting your agreements with your spouse.
- Instant Online Access to Your Documents
You can review your documents in your online account and instantly revise them if you decide you want to change any of your answers.
- File Your Documents
When you are ready, you and your spouse both sign the documents. That's all your spouse needs to do; there's no requirement to sign together or at the same time, and it doesn't matter if they're living in another state or a different country.
After signing, you file the documents and finalize your divorce with the court following our step-by-step instructions. A judge will review your documents and grant your divorce.
|
What Makes Us Different
|
- Expert Customer Support—From Start to Finish—So You Get Divorced Fast
We guide you every step of the way to make the process as simple and stress-free as possible.
Unlike other services that leave you to figure things out on your own, we provide clear instructions, real customer support, and a process designed to get your divorce finalized as quickly as possible. Our friendly and knowledgeable team is here to help from the moment you start until your divorce is finalized.
- Fast, Same-Day Document Preparation
Our same-day service delivers ready-to-sign legal divorce documents that comply with your state's requirements, all at a fraction of the cost of hiring an attorney.
You can start the process and receive all your documents on the same day—there's no quicker way to ensure your divorce papers are ready and court-approved.
Unlike many online divorce services, paralegals, and attorneys—who often take days to weeks to prepare documents and frequently charge extra for expedited service—we guarantee your complete set of documents will be prepared the same day you order them and complete our online questionnaire.
- Convenient, 100% Online Divorce Service
Unlike many other services that rely on slow, outdated processes, such as mailing paper "workbooks" for clients to fill out, at LetsGetDivorced.com we use modern internet technology to do things better.
Paralegals and attorneys often require clients to mail these workbooks back and forth for review and corrections, which can take weeks. Because we use an online questionnaire, using LetsGetDivorced.com is simple, convenient, and very quick.
You can enter your divorce details and agreements with your spouse in minutes, and make instant corrections, and we also instantly deliver your completed divorce documents directly to your online account for your review and filing.
You can conveniently and privately access our service from anywhere at any time, using a computer or smartphone. This makes our service the fastest and most convenient way to get your completed divorce documents.
|
A Cost Effective Choice
|
|
Our service is the most affordable attorney-founded uncontested online divorce service.
|
|
It's an ideal, cost-effective option for anyone searching for an affordable attorney or a low-cost paralegal near them.
|
|
Since our online divorce service is available throughout the state, clients can benefit from our exceptionally low price and fast, comprehensive service no matter where they live.
|
Court Acceptance Guarantee
|
|
For over 12 years, we've helped thousands of clients obtain uncontested divorces by using our fast and affordable online divorce service.
|
|
We stand behind our service with a court acceptance guarantee: if a court rejects your documents due to our error, we'll redraft them or refund our service fee.
|
Ready To Move Forward?
|
|
Save time, money, and stress with LetsGetDivorced.com.
|
|
|
|
|
|
|
|
|
Customer Testimonials
Customer Testimonials
|
|
|
|
Easy divorce experience
|
|
From beginning to end my divorce was very easy. The support staff I spoke with were always very friendly, polite and helpful.
They do a great job explaining everything so you feel confident and understand all the steps.
|
|
E. Wick
|
|
|
|
Wonderful customer support!
|
|
Whenever I called or sent an email during business hours a member of your support team always responded very quickly.
|
|
Noah
|
|
Read more reviews
|
|
|
|
|
|
|
|
|
|
|
New York Divorce FAQs
New York Divorce FAQs
|
What are the residence
requirements to file divorce
in New York?
What are the residence requirements to file
divorce in New York?
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.
How long does a divorce take
in New York?
How long does a divorce take in New York?
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.
How much does a divorce cost
in New York?
How much does a divorce cost in New York?
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 $125.
How to get a free divorce
in New York?
How to get a free divorce in New York?
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 $125.
Is online divorce legal
in New York?
Is online divorce legal in New York?
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.
Is the fee to use
LetsGetDivorced.com
only $125?
Is the fee to use LetsGetDivorced.com
only $125?
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 $125.
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.
Does the fee to use
LetsGetDivorced.com
include the court filing fee?
Does the fee to use LetsGetDivorced.com
include the court's filing fee?
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.
What forms do I need to file
for a divorce in New York
What forms do I need to file for a divorce in New York
|
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 $125.
|
|
Do I need to file my divorce
in the county where my
marriage took place?
Do I need to file my divorce in the county
where my marriage took place?
No. Where a divorce can be filed is based on the current residence of the spouses.
Will I need to provide a copy
of my marriage certificate
to the court?
Will I need to provide a copy of my
marriage certificate to the court?
No. You only need to provide the date of the marriage and the state and county where it took place.
What is the cheapest and
quickest way to get a divorce in New York?
What is the cheapest and quickest way
to get a divorce in New York?
An uncontested divorce is the cheapest, quickest, and least stressful way to get divorced in New York because by you and your spouse agreeing on all terms, you will not need to hire an attorney to represent you in adversarial court proceedings. If you qualify for a waiver you will not have to pay the court's filing fee.
What is an uncontested
divorce?
What is an uncontested divorce?
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.
How is child support calculated
and handled in New York?
How is child support calculated and handled in New York?
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.
What are the grounds for a
divorce in New York?
What are the grounds for a divorce in New York?
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.
How to file an uncontested
divorce in New York
without a lawyer?
How to file an uncontested divorce in New York without a lawyer?
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.
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What Our Customers Say:
What Our Customers Say:
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Jasmine J., Queens County
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I found your service when I was searching online for a cheap way to get divorced. I'm not great with computers but it was easy to use your website
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Trisha A., Nassau County
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The questions on your website were easy to answer to fill out my divorce forms online and your customer service reps were very helpful. The filing guide was easy to follow.
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Mike N., Bronx County
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I got all of my divorce documents the same day I signed up. I had no problem filing them with the court.
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