You can get uncontested divorce if you do not have SS#, your spouse resides out of state or abroad (International Divorce), without spousal signature (Divorce by Default) or if your spouse can not be found (Divorce by Publication). Both spouses must hire a divorce attorney in the case of a divorce trial, who will present your case, witness testimonies, etc. Once the initial divorce paperwork is filed in court, it must be served personally on your spouse and an affidavit of personal service must be filed in court within 120 days. You need to pay a fee of $210 to get an index number or case number to begin your divorce process in New York. Here's a list of the prices of, and what's included in, … In New York, an uncontested divorce is where both spouses agree to a end their marriage and have settled all of the divorce-related issues in their case, such as division of property and alimony. The papers must be filed with the office of the Supreme Court clerk or the county clerk depending on your county. Either party has been a resident of this state for at least two years immediately preceding the start of the divorce action. If any spouse wants to modify the permanent alimony award, he/she must prove that the circumstances have changed significantly such that the alimony is not appropriate any longer. You do not have a lawyer and you are a court user. If you are unable to locate your spouse or don’t know where he/she is, then you can check with the clerk’s office at the supreme court for information about the alternative ways of serving your spouse. Either your spouse or you have been a resident of the state for a. You can file for a divorce in New York in case of any of the following: There is no waiting period in New York before a judge will enter a decree of divorce. Once you retain our law firm we will go though the agreed terms and prepare your documents. a reduced fee program and are authorized to make use of the DIY forms. Some counties allow you to file your divorce papers electronically over the internet via the NYSCEF (New York State Courts Electronic Filing) system. The divorce judgment may be either mailed to you or you may have to collect it, depending on your county. These are just a few of the forms, for a complete list of forms required for an uncontested divorce, here. The name, previous last names (if any), current address, social security number, and phone number of the person you want to divorce. The duration of a New York divorce depends on whether it is a contested or an uncontested divorce. Also, you must state that your marriage is broken irretrievably and that there are no chances of your spouse and you getting back together. An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce … You can file for divorce in the state where you or your spouse resides. 2. Usually, the judge will consider many factors before determining the amount of alimony such as the duration of the marriage, the earning capability of each spouse, the capability of the receiving spouse to become self-supporting and the homemaking and financial contribution of each spouse to the marriage. The New York State Unified Court System offers free instruction booklets and forms for people starting a divorce. After some months you will receive a “Judgement of Divorce” signed by the judge. If you have an extreme financial hardship and can't afford the court fees: information about your income, the things you own, and how much you spend a month on utilities and r… If you cannot afford to hire a lawyer, then you can go to. You are eligible to use the DIY program if: However, if the issues pertaining to your divorce are complex and you cannot resolve them on your own, then it is best to hire a family law lawyer who can help you with all the divorce laws. The state of New York requires that the defendant must be informed about the divorce in person and so, the “Summons and Complaint” or “Summons with Notice” must be delivered personally to the defendant. We’ll Help You File Your Uncontested Divorce in NY, A NY uncontested divorce is when a married couple wishes to end their marriage amicably (meaning both agree on all financial and, family matters, such as child custody and support. The divorce judgment must be then filed with the county clerk. One Rockefeller Plaza10th FloorNew York, NY 10020Phone: +1.212.745.1388Fax: +1.212.358.2535Email: mchan@nydivorcelawyer.net. 4. Summons & Complaint or Summons With Notice: This is served on the defendant to verify that he/she has received the divorce documents which have been filed. your spouse and you cannot get along any more. The papers must be filed with the office of the. If both parents have an agreement on the custody arrangement of the child, they can submit their proposal to the court, which the court will consider and if there is any requirement to modify the custody, then you must prove to the court that the situation has changed and it is in the best interest of the child to change the custody agreement. The county clerk’s office is where all the case files of the particular county are held for the supreme court. The ground for divorce occurred in this state and either party has been a resident for a continuous period of at least one year immediately preceding the divorce action. The New York law recognizes no-fault, as well as fault-based grounds for divorce. An action for divorce is started by filing a Summons or Summons and Complaint in the Supreme Court of the State of New York. ”, which is proof that the papers were served to the defendant properly. Contested divorces usually take a long time and you need to make repeated appearances in the court and it is also expensive. If you plan a DIY New York divorce, you can use an, And, in the case of an uncontested divorce, the. Confinement is prison or mental institution. You can check the county list to see if you can e-file your papers. An Uncontested Divorce in NY is a process where the parties agree on the terms of the divorce and have no desire to appear in Court and fight over the details of the division of marital property and the issues related to their children, simplifying the entire divorce process. If both divorcing parties are unable to come to an agreement on the main issues of the divorce like property division, child custody and support, and alimony, then the case will go to trial and will be heard by a judge, who will then resolve all your issues. If you are facing extreme financial hardship and cannot file for your divorce without financial help, then you can apply for the waiver of the court fees. Get the divorce forms needed for your state and get started online. If you require any help while enforcing a court order for child support, you can contact the, Child Support Enforcement, New York Division.