How to Get Divorce Papers in New York

How to Get Divorce Papers
in New York

Divorce paperwork is one of the most confusing parts of the divorce process. Spouses who want to end their marriage have to know what forms they may need, where to get them, and how to proceed with the process.

Where to Get Divorce Papers in NY

A couple getting divorced does not have to go to the county clerk in the courthouse to get the forms. Instead, the spouses can find and download all the necessary divorce papers on the New York State Unified Court System website.

Remember that paperwork will be different depending on the specific case and whether spouses have children or not. Also, there are the following options to file for divorce in New York:

  1. Spouses can file the required paperwork online through the NYSCEF — the New York State Courts Electronic Filing system;
  2. A couple can send documents by mail to the court;
  3. Spouses can go to court in person and file divorce papers;
  4. Ex-partners can use the additional services of Online Divorce New York for filing documents with the court.

Printable Divorce Papers

Spouses can find all the necessary forms on the NYSCEF website. Next, they need to download blank divorce papers in pdf format, fill them out, and print, sign, and submit them to their local court. Finally, if the online filing option doesn't suit a couple, they can mail the printed forms or take them to court in person.

Uncontested Divorce Forms

If the couple has an uncontested divorce, they will need to prepare and complete the following forms (initial and additional):

  • Notice Of Automatic Orders
  • Notice of Guideline Maintenance
  • Notice Concerning Continuation Of Health Care Coverage Summons with Notice (UD-1)
  • Summons (UD-1a)
  • Verified Complaint (UD-2)
  • Affidavit of Service (UD-3)
  • Sworn Statement of Removal of Barriers to Remarriage (UD-4)
  • Affirmation (Affidavit) of Regularity (UD-5)
  • Affidavit of Plaintiff (UD-6)
  • Affidavit of Defendant (UD-7)
  • Annual Income Worksheet (UD-8(1))
  • Maintenance Guidelines Worksheet (UD-8(2))
  • Child Support Worksheet (UD-8(3))
  • Support Collection Unit Information Sheet (UD-8a)
  • Qualified Medical Child Support Order (UD-8b)
  • Note of Issue (UD-9)
  • Findings of Fact/Conclusions of Law (UD-10)
  • Judgment of Divorce (UD-11)
  • Part 130 Certification (UD-12)
  • Request for Judicial Intervention (RJI) (UD-13)
  • Addendum for the RJI (UCS-840M)
  • Notice of Entry (UD-14)
  • Affidavit of Service by Mail of JOD (Form UD-15)
  • Affidavit in Support of Application to Proceed as Poor Person
  • Poor Person Order
  • Affidavit of Service of Proposed Poor Person's Order
  • Postcard Sample
  • Certificate of Dissolution
  • Notice of Settlement
  • IWO Child Support or Combined Child and Spousal Support LDSS-5037
  • IWO Spousal Support Only Income Withholding Order (LDSS-5038)
  • IWO Numbered Instructions LDSS-5039
  • NYS Case Registry Filing Form for use with Non-IV-D orders (except spousal only orders)
  • UCS-111 Child Support Summary Form
  • DRL 255 Addendum
  • LDSS 5143 Application for Child Support Services
  • Short Form Application for Child Support Services in Supreme Court (may be used instead of LDSS 5143).

Divorce Papers Without Children

To start the divorce process without children, the spouses will need to complete the following required initial documents:

  • Notice Concerning Continuation Of Health Care Coverage
  • Summons with Notice (UD-1)
  • Affirmation (Affidavit) of Regularity (UD-5)
  • Affidavit of Defendant (UD-7)
  • Annual Income Worksheet (UD-8(1))
  • Support Collection Unit Information Sheet (UD-8a)
  • Judgment of Divorce (UD-11)
  • Request for Judicial Intervention (RJI) (UD-13)
  • Certificate of Dissolution.

Divorce Papers With Children

If the ex-spouses have children under the age of 18 in New York State, they will need to file the following papers in court:

  • Child Support Worksheet (UD-8(3))
  • Support Collection Unit Information Sheet
  • Qualified Medical Child Support Order (UD-8b)
  • Certificate of Dissolution of Marriage
  • LDSS 5143 Application for Child Support Services
  • Short Form Application for Child Support Services in Supreme Court (may be used instead of LDSS 5143).

Free Do-It-Yourself Divorce Forms

The packet of documents mentioned above is intended for a DIY (do-it-yourself) divorce. Thus, the petitioner represents their interests in court on their own and files for divorce without a lawyer.

Also, these forms are designed only for those who are 100% sure that their divorce will not be disputed. If the applicant is not sure about this, or if a lawyer already represents their interests, these forms may not be suitable.

Divorce Papers Online

If the spouse who files for divorce is sure that they and their partner will have an uncontested divorce (for example, they signed a Settlement Agreement about child custody, property division, etc. in advance ), but they do not want to deal with the papers on their own, they can seek help from an online divorce platform.

The system correctly selects and fills out forms, taking into account the specifics of the couple’s case, based on answers provided in the questionnaire. It is very budget-friendly (many times cheaper than the most affordable lawyer in New York), and it's fast! The ready-to-download forms will be available in just two business days.

Frequently asked questions

Frequently asked questions

What happens after divorce papers are filed?

Once divorce papers are filed, the applicant serves the respondent with copies of the original divorce forms within 120 days.

What happens if your spouse won't sign the divorce papers?

If the defendant doesn't sign papers, the applicant can get a divorce without signature if the defendant fails to respond to the Summons (“No signature required” divorce) or if the solicitor can’t locate their spouse (“Divorce by publication”).

How to fill out divorce papers?

To properly select and fill out divorce forms, a couple can turn to an online divorce platform, which will do this at an affordable price within several business days.

What happens after divorce papers are served?

The defendant will have 20 days to respond after being served with the divorce complaint. They will have 30 days in case of 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 everything in the complaint.

Who serves divorce papers?

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 over 18 who is not directly involved in the divorce can deliver the forms.

How can I get a copy of my divorce papers?

You can get copies of divorce judgments or other written orders in divorce cases from the county clerk. Except for the Judgment of Divorce, copies of documents can only be received by one of the spouses or their lawyers.

How long does it take to serve divorce papers?

It takes about 2–3 weeks for the court to issue and serve the petition on the ex-partner. Also, the papers must be served within 120 days from the date the documents were filed with the county clerk's office.
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