The best way to divorce in New York is by agreement with your spouse. You each participate and sign all the paperwork. However, you can still divorce if your spouse is simply unwilling to sign or even if your spouse is missing or not in agreement. But, these situations requires additional steps. The fastest and most simple way is by agreement.
Once you reach an agreement with your spouse, you simply need to submit all the appropriate documents to the court along with a document that spells out your agreements with your spouse. The document that does this is usually referred to as a Certificate of Dissolution of Marriage and Judgment of Divorce. This document explains how you and your spouse are dividing your marital property and debts, if any. It will also explain child support, visitation and custody.
How do I get New York divorce documents and settlement agreements?
Through this website we provide a way to complete an agreed divorce 100% online. You must qualify to use the 100% online process. This website allows you to answer simple questions online and then receive all the necessary paperwork online. All the paperwork is drafted and prepared by a duly licensed New York attorney. You and your spouse may then choose to sign and notarize the paperwork online and choose to have the online attorney E-file the paperwork with the court for you.
Alternatively, you can choose to file the paperwork received via this website. You and your spouse simply sign and notarize it, then mail or deliver it to the courthouse. All paperwork you receive via this website is prepared by a duly licensed New York attorney. Do not trust just anyone to prepare your paperwork. The divorce judges in New York are very particular and will dismiss your divorce case if you do not file the correct paperwork and/or fail to draft the paperwork properly.
Do-it-Yourself New York Divorce Forms
If you are looking for New York divorce forms to use for your New York divorce there are a few things you should know. Please be aware that:
There is no one size fits all set of forms that you can download anywhere that will meet your specific situation and set of circumstances.
The divorce “forms” are actually documents meaning that the documents are dynamic in that you add or remove language appropriate for your case and then format the document accordingly. Forms are static and generally have blanks for you to fill in your information and if a question doesn’t apply you skip it. This process is not the situation with divorce documents. Failing to address certain items in your divorce papers may have long term consequences or delay the judge from being able to grant your divorce.
Most forms you find online are only a few of the documents you may need for your case and you must know the time limit set by New York Statute in which those forms must be filed.
If you do prepare your own divorce documents you will first need to determine which documents apply to your situation and circumstances, find and locate all the documents, cover letters and individual court coversheets or similar documents needed to actually file and finalize your divorce case. After this, you will then need to customize the language of the Certificate of Dissolution of Marriage and Judgment of Divorce and other documents to meet your situation and circumstances, and if you have children understand how child support is determined by the guidelines. You will need to determine the protocol of your local divorce court in order to file, notify your spouse, and then schedule your final hearing or the procedure on mailing your paperwork to where the judge will hopefully finalize your divorce. This process can be overwhelming especially while dealing with the emotional strain of divorce. Even in an agreed/uncontested divorce and it can take many days to complete this process.
What’s the best way to get correct New York Divorce Papers?
If you simply want the paperwork only please know that through this website we have created a very simple and extremely affordable way to start and complete your divorce in New York. If you have reached an agreement with your spouse you can use this website to answer simple questions online then receive all the paperwork you need to file and finalize your uncontested divorce in New York. Best of all, you simply sign and mail the paperwork to the court and never have to appear before the judge. Then you will place your divorce case on the matrimonial calendar. A judge will be assigned and he or she will sign off on the divorce if all the papers are complete. If you choose, you can have an online attorney, via this website, review all your paperwork to ensure it appropriate for your situation and personal circumstances. The cost of this service is only $245 or two payments of $149.
If you would like to complete your agreed divorce 100% online, you may use our E-notary service and the E-filing service. In this situation you and your spouse can do everything from your phone or computer. Nothing to print, no searching for a local notary, no trips to the courthouse or post office. All of our services are delivered 100% online.
All documents received via this website are prepared for you based on your agreements with your spouse. Should your agreement be unlikely to be approved by the judge, the online attorney will bring that to your attention and give you other options to consider.
Most important, every case and court specific document needed to obtain your uncontested divorce is provided to you to include your Certificate of Dissolution of Marriage and Judgment of Divorce. And, unlike non-attorney websites, should you have questions the online attorney can answer your questions. Non-attorneys cannot provide legal advice because it is illegal for them to do so. For this reason, the non-attorney websites will not answer questions and usually tell you that you will be able to ask the Judge your questions. The Judge will not provide you with legal advice either.
Warning about websites selling divorce kits or typing services
Be aware that nearly all the “online divorce” websites do not employ attorneys and as such offer only a typing service that simply inputs your information into their standard divorce documents, which may or may not be all the documents you need for your situation. More important their standard divorce documents may not be acceptable to the Judge. Don’t delay having your Certificate of Dissolution of Marriage and Judgment of Divorce signed by the Judge due to drafting errors or implement supporting documents. Most New York judges have no tolerance for incomplete or inaccurate documents, especially when you obtained them from a non-attorney. In nearly all instances, the judge will dismiss your case. You lose your court filing fee, and will have to re-pay the court to start a new case.
Carefully review any websites offering divorce forms and online services. You will quickly discover that nearly all offer nothing but typing services because they are not attorneys and cannot, by New York law, provide you with legal advice or answer your legal questions or even help you make decisions about your case. You will also discover that these non-attorney typing service sites only guarantee that their documents are valid for filing (starting your divorce case) with court.
Think about it, what your documents actually spell out only becomes important when it’s time for the Judge to review your Certificate of Dissolution of Marriage and Judgment of Divorce. The court staff that accepts your documents for filing aren’t attorneys either and likewise by law are not allowed to advise you if the language within your documents is legally accurate and sufficient for the Judge to finalize your divorce. The court staff may only alert you if you are missing a mandatory document or explain the court’s procedures. But most court staff will not even do that as they prefer to tell you nothing at all to avoid ever being accused of providing you with legal advice, even if done unintentionally.
Finally, the non-attorney websites do not guarantee the Certificate of Dissolution of Marriage and Judgment of Divorce they fill-in for you will be legally sufficient or accurate for your unique situation and circumstances or properly and legally reflect the agreements you reached with your spouse. It’s the Certificate of Dissolution of Marriage and Judgment of Divorce that the Judge signs that ends your marriage and divides your property and, if applicable, spells out child custody, visitation and child support. It’s the finalizing of your divorce that’s important, not the simple administrative process of filing your case with the court. That’s why all the non-attorney websites focus your attention only on the filing of the paperwork. The court is always willing to take your money to file your case. The issues come when your case makes it to the Judge. Then, and only then, do you realize that the paperwork is inaccurate or incomplete. Then it is too late, you already paid the court filing fee.
What documents are usually required?
The divorce documents needed varies for a number of reasons. First, you should be aware that divorce documents may vary from court to court as some courts require certain documents specific only to their local court. In addition, each divorce case is unique and contains its own circumstances and scenarios which impacts what documents are needed for each individual case.
For example, one case may involve children and another may not. A case may or may not involve a house, land or other property. In one case a spouse may wish to restore their maiden name and in another a spouse may wish to continue using their married name after the divorce. Each of the aforementioned situations determines which documents and language within the documents are necessary.
Use the appropriate link below to review the list of common documents in a New York uncontested divorce. The lists have been divided into two categories:
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