A divorce is never an easy thing to do. However, it can be easier if you are filing an uncontested divorce. NY allows for spouses to file this type of divorce when there are certain simplifying factors present in your case. Here, we will discuss what those are, how to qualify for an uncontested divorce, how much it costs, and how long it takes so that you can get on with your life.
An “uncontested divorce” means that you and your spouse agree to all of the terms of your divorce, including spousal support, child support, division of property and debt repayments. Conversely, a “contested” divorce is one where the parties disagree on any of these terms and require the court’s intervention to resolve those differences.
There are three primary requirements for filing an uncontested divorce: NY’s residency requirement, stipulation of a “no-fault divorce” and agreement on the divorce terms.
The residency requirement in New York is a bit more strict than in other states. It specifically requires that:
Because the state allows for a divorce where there are legally acceptable grounds, New York permits “no-fault” and “fault” reasons for dissolving the marriage. Fault is based on evidence of adultery, abandonment or any other cause of bad behavior by one spouse against the other.
Because fault is harder to prove as the burden is on the spouse claiming the fault, it would be easier to claim no-fault if you are looking for an efficient resolution of your marriage. In a no-fault case, neither spouse is claiming that the other did anything wrong. Rather, the marriage is “irretrievably broken” and beyond repair. New York requires six months of efforts to remedy the relationship before it can be declared irretrievably broken with no hope for repair.
To confirm that your divorce is actually uncontested, you need to agree on the terms of the divorce, such as:
If you are struggling with coming to an agreement about these divorce terms, consult a mediator who could possibly help to lay them out for you. They will craft a “separation agreement” that clearly defines these terms for your uncontested divorce to proceed.
The New York court system has forms for you to complete if you want to file for an uncontested divorce. NY notes that if you are initiating the proceedings, you will be the plaintiff and your spouse will be the defendant. If you are filing without minor children, you would use the uncontested divorce program. Otherwise you would complete the uncontested divorce forms with children.
The primary forms that will require completion are:
If you have minor children, you’ll need to complete a child support worksheet and an income worksheet as well.
If you want to streamline your divorce filings, you can solicit the services of an New York online divorce company. This service files the divorce documents online for you after you have completed a questionnaire for them. It takes two business days for the company to complete the paperwork, which you could then submit to the courthouse.
You can file the drafted papers in the Supreme Court Clerk’s Office in the county where you reside or where the majority of the at-fault events occurred (if applicable). If you prefer to file them electronically, you can do so using the state’s electronic filing system.
Someone other than you must serve your divorce papers on your spouse within 120 days of filing the documents in court. Your spouse, or the defendant in the action, must file an “Affidavit of Defendant in Action for Divorce” upon receiving service to acknowledge receipt and ensure that the divorce is uncontested.
Unlike some states, New York has a minimum waiting period for the spouses to file their paperwork. Uncontested divorce proceedings typically take 6–12 weeks in court, depending on the filing times and the length of the docket.
The overall cost of the uncontested divorce depends in part on whether you’re soliciting the help of an online divorce service or asking an attorney for help. Typically, the cost is $335 in filing fees, according to the New York Courts website. If you are unable to sustain the cost of this fee, you can request a waiver by filing an “Affidavit in Support of Application to Proceed as a Poor Person.”
Are you thinking of using an online service to file for divorce? See how the top online divorce companies compare in price, quality and service offerings. As always, we encourage you to do your own independent research to determine which provider is best for your needs.
We researched common features of uncontested divorce to show you which company offers the services you may need in your situation. We found the most common and helpful features a company can offer to be paperwork filing or filing instructions, service of process, guarantee of acceptance, access to a lawyer or mediator and parenting classes for divorcing couples. We also listed which companies operate in every state, so you can be sure your state is covered.
Does the service offer the same features for a wildly different price than a competitor? We did the research so you don’t have to find out the hard way. Based on market averages, we determined which companies offer reasonable pricing and which could use improvement. This covers the initial package purchase, not necessarily the difference in prices for add-ons.
We used each company’s customer service features to determine timeliness and accuracy of their responses. We tested the phone, email and chat functions where available and rated our personal experiences.
We rated our experience going through the form preparation process — did we find the website easy or intuitive to navigate? Were we able to go back easily if we made a mistake or had a question? Were each company’s features clearly listed?
We looked at customer ratings across review sites and rated our own satisfaction with the process.
