divorce without attorney nys where to file

by Elroy Effertz 8 min read

How To File For Divorce In Ny Without A Lawyer. A divorce case is started when a “summons with notice” or “summons and complaint” are filed with the county clerk’s office. After you receive the postcard from the clerk, you must return to the court to pick up a signed copy of the divorce judgment.

Full Answer

How to file an uncontested divorce in New York without a lawyer?

May 20, 2019 · Make sure to file the petition with the court clerk of your specific county. After the signing of the forms by both parties, file the forms with the county clerk where either of you resides. After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce.

How do I file for divorce in New York State?

LetsGetDivorced.com provides an easy, inexpensive online divorce service to file a simple uncontested divorce in New York without hiring an attorney. Attorney Approved Program Court Approved NY Divorce Forms

What are the grounds for divorce in New York?

A common question we often get is “can I get a divorce without a lawyer?” The answer is, you absolutely can! In fact, thousands of people in New York get divorced each year without the assistance of attorneys, saving thousands in costly legal fees. Now let’s be clear, if you and your spouse cannot agree on important...

How can I get a divorce without a lawyer?

If one of the above statements is true, then you may start a divorce action in New York State. In general, the divorce action will need to be commenced/filed in a county where you or your spouse reside. For example, if you reside in Albany County and your spouse resides in Saratoga County, you may file the action for divorce in either Albany County or Saratoga County. 2 The filing fees …

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How do I file for divorce in NY without a lawyer?

If your divorce will be “uncontested,” meaning that your spouse will agree to the divorce, and the terms of the divorce (the free divorce forms contain no agreement to set forth the terms), then you can file an uncontested divorce without having to go to Court without a lawyer.Jan 21, 2018

How do I file for divorce myself in NY?

How to File for Divorce in New York1) Meet the Residency Requirements. ... 2) Know the Grounds for Divorce in New York. ... 3) Gather the Information You Need to Complete the Forms (Uncontested Divorce) ... 4) Prepare and File the Necessary Forms. ... 5) Serve the Forms to Your Spouse. ... 6) Response by Your Spouse.More items...•Jun 12, 2020

Do I have to go to court for uncontested divorce?

An uncontested divorce is a divorce that is not being defended by the respondent. It is usually a relatively straightforward process and can be dealt with by the court on paper, so there will be no need to attend court.May 11, 2021

Can you file for divorce online in NY?

File the papers with the County Clerk's Office. The County Clerk's Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.

How do I start the divorce process?

How to start a divorceStep 1 – Can you do it yourself? It is possible to handle your divorce yourself, without legal advice. ... Step 2 – consult a family lawyer. ... Step 3 – Go to court. ... Step 4 – Self-care.Mar 5, 2020

Can I get a divorce without my spouse's signature in New York?

​Yes – in New York State, you can get a divorce without your spouse's signature if your spouse fails to respond to the summons (“no signature required” divorce) or if you cannot locate your spouse (“divorce by publication”).Oct 4, 2017

How long does it take for an uncontested divorce in New York?

approximately three monthsOn average, the resolution of an uncontested divorce takes approximately three months. Of course, this will vary depending on the circumstances. Some proceedings go very smoothly and may be settled in as little as six weeks. More complicated cases may take over a year to sort out.Apr 14, 2021

Can you get a quick divorce?

A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.Oct 6, 2021

Can you get a divorce without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

How quickly can you get divorced in New York?

Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.

How much is an uncontested divorce in New York?

An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

What is uncontested divorce NY?

An uncontested divorce is one in which there is not a disagreement on issues such as custody, child support, division of property, debt allocation and maintenance. Because these issues have been settled, there is no need to litigate them in court.

Get Your Divorce Forms Completed Online

Onlinedivorcenewyork.com provides uncontested divorce documents filled out using the information you share in the questionnaire. You'll also get clear explanations to questions and information on applicable laws.

Online Divorce Without a Lawyer in New York

Simply complete your divorce documents using our online questionnaire system and file the resulting divorce papers with your local courthouse. We’ll provide you with information for filing your documents.

How long do you have to live in New York to get divorce?

New York is no exception. If only one of the spouses lives in New York when the divorce is filed, the residency requirement is two years.

Why do people divorce in New York?

General reasons for divorce in New York include: Adultery; Abandonment for one or more years; Imprisonment for three or more consecutive years after the marriage of plaintiff and defendant; Cruel and inhuman treatment. [Consolidated Laws of New York; Domestic Relations, Section 170]

Can you get child support in New York?

The court usually approves this agreement. New York has put into place specific state-mandated child support guidelines which apply in almost every case, barring exceptional circumstances.

Is New York an equitable distribution state?

New York is an “equitable distribution” state. The couple’s separate property, which includes property acquired before the marriage and any gifts or inheritances, remains with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property.

Is NY divorce court approved?

New York forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents and help both parties move forward with their lives.

What is child support?

Child support is designed to make sure the children of divorcing parents will have access to the same level of care and lifestyle that they had before the divorce took place.

What is alimony in divorce?

Alimony, which is sometimes known as spousal support, is sometimes ordered by the court to allow one spouse to live in a manner established during the marriage after the divorce.

1. Check your state's requirements for filing

Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated for a period of time before filing. Additionally, your state may require proof of residency before filing for divorce.

2. Complete the no-fault divorce forms

Once you meet your state's requirements for filing, you should complete the applicable no-fault divorce forms, such as the petition for divorce. Contact your local county clerk's office for copies of these forms. Also, ask your local court about the required filing fees.

3. Discover if you have a no-fault uncontested divorce

If your spouse agrees to the terms of the divorce, your case will move through the court system quickly. If you and your spouse agree on provisions like the division of property and child support, your divorce is considered uncontested. You will then enter into a settlement agreement.

4. Determine if you have a no-fault contested divorce

If you and your spouse don't agree to all or some of the terms of the divorce, then you have a no-fault contested legal action. When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process.

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