Online Divorce in New York

If a couple has an uncontested divorce in New York, the quickest and most efficient option is to contact an online divorce service. OnlineDivorceNewYork.com offers the necessary completed divorce forms ready to download within two business days.

To do this, you just need to complete the online questionnaire so that the system can get the details of your case. The service also provides detailed instructions for filing the documents with a court, saving time and nerves.

Here are the main advantages of an online divorce platform:

We ensure that the process of preparing documents is as smooth, simple, and understandable as possible for you. So why waste extra time and huge sums on a lawyer if you can turn to an online divorce service?

Filing Requirements for Online Divorce in New York

Before a spouse files for divorce in the state of New York on their own without the involvement of an expensive lawyer, they must make sure that they and their spouse meet the residency requirements.

Next, spouses must have legal grounds for the dissolution of the marriage. The New York court recognizes both fault and no-fault divorce. If a petitioner files for a divorce based on fault, they assert that their spouse is responsible for the dissolution of the union. The reason may be adultery, cruel or abusive behavior, abandonment, etc.

If an applicant chooses a no-fault divorce, the most common ground is the “irretrievable breakdown of the marriage.” It means they and their spouse cannot be together, and reconciliation is impossible in their particular case.

There are the following options to file for divorce in New York:

When filing for divorce, the spouses must pay New York court filing fees, $335.

An uncontested divorce is a good base for a do-it-yourself divorce. So, where does a couple start if it wants a DIY cheap divorce in New York?

1. Meet the residency requirements.

For the New York courts to consider the case, a spouse must prove that they meet the residency criteria. To do this, they or their spouse must have lived in New York for at least a year before filing for divorce.

2. Give legal grounds for divorce.

There are seven reasons for divorce that New York considers sufficient. Among them:

3. Prepare all necessary forms.

Remember that papers will be different depending on whether spouses have children or not. After completing the documents correctly, they need to file a Summons and Complaint with the county clerk's office. Please note that some courts allow filing online using NYSCEF. Check the list of counties to see if the needed county has an e-filing system.

4. Serve a respondent with a copy of the original divorce forms within 120 days of filing them.

A plaintiff can’t serve a copy of the documents in person: if their spouse lives in New York, anyone who lives in New York, is over 18, and is not directly involved in the divorce can deliver the forms to them. Also, the person who hands over the papers to their ex-partner must file an “Affidavit of Service” with the court.

5. Wait for the respondent’s response.

The defendant will have 20 days to respond after being served with the divorce complaint. They will have 30 days if they receive an out-of-state complaint. If the divorce is uncontested, the spouse will sign an "Affidavit of Defendant." If the divorce becomes contested, the respondent will respond to something said in the complaint.

6. Put the case on the court calendar and wait for the court hearing.

A couple will need to complete the remaining applicable forms to schedule the divorce case. After completing them, they can submit them to the clerk. If the divorce is approved, the judge will sign the divorce decree. The defendant must be served with a copy of the signed decision.

If spouses have children, they should consider the following points when divorcing.

Matters relating to custody, alimony, and visiting hours must be agreed upon before the judge signs the divorce decree. This applies only to children of the marriage. “Children of the marriage” is a legal term that refers to children aged 20 or younger born or adopted by spouses before or during the marriage.

For all children in a marriage, a child support decision must be made before the divorce. A custody and visitation decision must also be made for all children of the marriage aged 17 years and under before the divorce is granted.

There are two types of legal custody in New York:

Courts in New York City use the specific terms “physical custody” or “primary placement” to describe where a child primarily resides. Also, “visitation” or “secondary placement” refers to time spent by the other parent.

However, there are times when issues of custody, visitation, and alimony can be considered part of the divorce process itself. In this case, these issues are raised and resolved as part of the divorce judgment and may take some time.