Attorney Gerald D. Bruckner,
founded LetsGetDivorced
to make getting an uncontested divorce affordable, fast and easy.
It's an ideal, cost-effective divorce option to consider for anyone looking for an affordable divorce attorney.
The cheapest way to get divorced is to have an uncontested divorce where you and your spouse agree on the terms of your divorce. By having an uncontested divorce you will not need an attorney
to represent you in court.
Using LetsGetDivorced it's simple
to prepare your divorce documents online at a fraction of the cost of hiring a lawyer.
Our service is available 24/7, so you can benefit from its low price, convenience and our fast comprehensive support — no matter where you live.
Have questions? We offer a free 15-minute consultation to walk you through the process.
Our Simple 4-Step Divorce Process
Check Your Eligibility
Confirm that our service will work for your situation.
Provide Your Case Details
Answer simple questions about your divorce and any agreements with your spouse in a guided online questionnaire.
Get Your Divorce Papers
We prepare all the documents to file for your divorce including a settlement agreement, ensuring compliance with your state's legal requirements.
You can review your documents online and instantly make changes.
File for Divorce
We provide clear, step-by-step instructions for filing your completed divorce forms by bringing them to the courthouse and filing them in-person with the court clerk.
E-Filing:
In the state of New York, you can file your divorce papers electronically using the state's online E-Filing portal (NYSCEF).
How Long Will My Divorce Take?
The timeline in New York state for the judge to sign your Judgment of Divorce varies by county and typically ranges from 1 to 5 months. After approval, the court will provide you with a copy of your Judgment of Divorce.
Key Reasons to Use
LetsGetDivorced
for Your Divorce
Key Reasons to Use
LetsGetDivorced
for Your Divorce
Affordable, Flat Fee Pricing (No hidden fees)
Our flat fee divorce service provides an inexpensive and convenient way to file for an uncontested divorce, with guidance from start to finish.
Unlike many divorce services that present a low teaser price and then surprise you with extra charges for services you'd reasonably expect to be included, such as making revisions after your documents are prepared, LetsGetDivorced has no hidden fees to use our service. And of course, you can make revisions at no extra cost.
Expert Customer Support — From Start to Finish
Unlike many online divorce services that simply sell you documents and leave you on your own, our friendly, knowledgeable team is here to help every step of the way — from the moment you get started until your divorce is finalized.
We're always available if you need assistance using our website or have questions along the way — so you can move forward with confidence, knowing you're supported from beginning to end.
Fast, Same-Day Document Preparation
Many services and even law offices can take days or weeks to prepare your documents — often charging extra to speed things up. We prepare your documents within just one business day at no extra cost.
Convenient 100% Online Divorce Service
Unlike many online divorce services, as well as traditional attorneys and paralegals who often rely on slow, outdated processes — like mailing paper "workbooks" for clients to fill out, review, and send back and forth for review and corrections, which can take weeks — LetsGetDivorced uses modern internet technology to streamline the entire process.
At LetsGetDivorced, you can enter your divorce details in minutes. We prepare your documents and then instantly electronically provide them to you online for your review and to make any changes — all without the delays and hassle of filling out paper documents and sending them back-and-forth via email or the postal service until they are ready to be filed.
Court Acceptance Guarantee
Your divorce documents will be carefully prepared to meet your state's legal requirements. With over a decade of experience preparing divorce forms for thousands of cases, you can feel confident knowing your paperwork is complete and accurate.
Ready To Move Forward?
Save time, money, and stress with
LetsGetDivorced.
At LetsGetDivorced.com, we offer one of the lowest flat fee prices of any online divorce service — and that price includes every service other companies (like Divorce.com) charge hundreds more for.
When people ask, "How can your fee be so low?" here's our honest answer:
"We leverage modern technology to streamline our costs — and intentionally charge a modest flat fee to accomplish our mission of making divorce less financially burdensome for couples to end their marriage."
As shown in the following table, At $129 vs. $499, LetsGetDivorced.com provides the same online divorce services as Divorce.com — but for hundreds of dollars less — and with faster delivery and a better guarantee.
Features and Prices Comparison:
LetsGetDivorced.com vs. Divorce.com
(Online Divorce Service)
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.
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 $129.
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 $129.
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 $129?
Is the fee to use LetsGetDivorced.com
only $129?
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 $129.
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 $129.
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.
Low-Cost Uncontested Divorce in New York Online
Low-Cost
Uncontested Divorce in New York online
Get a comprehensive, affordable online divorce for the flat fee of just
$
129.
Divorce papers prepared and ready for download within 1 business day
Guaranteed court acceptance
Marital Settlement Agreement
Step-by-step filing instructions
Free unlimited revisions
Click to show more
Click to show more
Spousal name change
Customer support by phone and email
Instant download or email delivery of all documents
Attorney Gerald D. Bruckner,
founded LetsGetDivorced
to make getting an uncontested divorce affordable, fast and easy.
It's an ideal, cost-effective divorce option to consider for anyone looking for an affordable divorce attorney.
The cheapest way to get divorced is to have an uncontested divorce where you and your spouse agree on the terms of your divorce. By having an uncontested divorce you will not need an attorney
to represent you in court.
Using LetsGetDivorced it's simple
to prepare your divorce documents online at a fraction of the cost of hiring a lawyer.
Our service is available 24/7, so you can benefit from its low price, convenience and our fast comprehensive support — no matter where you live.
Have questions? We offer a free 15-minute consultation to walk you through the process.
Our Simple 4-Step Divorce Process
Check Your Eligibility
Confirm that our service will work for your situation.
Provide Your Case Details
Answer simple questions about your divorce and any agreements with your spouse in a guided online questionnaire.
Get Your Divorce Papers
We prepare all the documents to file for your divorce including a settlement agreement, ensuring compliance with your state's legal requirements.
You can review your documents online and instantly make changes.
File for Divorce
We provide clear, step-by-step instructions for filing your completed divorce forms by bringing them to the courthouse and filing them in-person with the court clerk.
E-Filing:
In the state of New York, you can file your divorce papers electronically using the state's online E-Filing portal (NYSCEF).
How Long Will My Divorce Take?
The timeline in New York state for the judge to sign your Judgment of Divorce varies by county and typically ranges from 1 to 5 months. After approval, the court will provide you with a copy of your Judgment of Divorce.
Key Reasons to Use
LetsGetDivorced
for Your Divorce
Key Reasons to Use
LetsGetDivorced
for Your Divorce
Affordable, Flat Fee Pricing (No hidden fees)
Our flat fee divorce service provides an inexpensive and convenient way to file for an uncontested divorce, with guidance from start to finish.
Unlike many divorce services that present a low teaser price and then surprise you with extra charges for services you'd reasonably expect to be included, such as making revisions after your documents are prepared, LetsGetDivorced has no hidden fees to use our service. And of course, you can make revisions at no extra cost.
Expert Customer Support — From Start to Finish
Unlike many online divorce services that simply sell you documents and leave you on your own, our friendly, knowledgeable team is here to help every step of the way — from the moment you get started until your divorce is finalized.
We're always available if you need assistance using our website or have questions along the way — so you can move forward with confidence, knowing you're supported from beginning to end.
Fast, Same-Day Document Preparation
Many services and even law offices can take days or weeks to prepare your documents — often charging extra to speed things up. We prepare your documents within just one business day at no extra cost.
Convenient 100% Online Divorce Service
Unlike many online divorce services, as well as traditional attorneys and paralegals who often rely on slow, outdated processes — like mailing paper "workbooks" for clients to fill out, review, and send back and forth for review and corrections, which can take weeks — LetsGetDivorced uses modern internet technology to streamline the entire process.
At LetsGetDivorced, you can enter your divorce details in minutes. We prepare your documents and then instantly electronically provide them to you online for your review and to make any changes — all without the delays and hassle of filling out paper documents and sending them back-and-forth via email or the postal service until they are ready to be filed.
Court Acceptance Guarantee
Your divorce documents will be carefully prepared to meet your state's legal requirements. With over a decade of experience preparing divorce forms for thousands of cases, you can feel confident knowing your paperwork is complete and accurate.
Ready To Move Forward?
Save time, money, and stress with
LetsGetDivorced.
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.
At LetsGetDivorced.com, we offer one of the lowest flat fee prices of any online divorce service — and that price includes every service other companies (like Divorce.com) charge hundreds more for.
When people ask, "How can your fee be so low?" here's our honest answer:
"We leverage modern technology to streamline our costs — and intentionally charge a modest flat fee to accomplish our mission of making divorce less financially burdensome for couples to end their marriage."
As shown in the following table, At $129 vs. $499, LetsGetDivorced.com provides the same online divorce services as Divorce.com — but for hundreds of dollars less — and with faster delivery and a better guarantee.
Features and Prices Comparison:
LetsGetDivorced.com vs. Divorce.com
(Online Divorce Service)
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 $129.
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 $129.
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 $129?
Is the fee to use LetsGetDivorced.com
only $129?
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 $129.
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 $129.
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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