Divorce papers in New York — filing for divorce in NY

Online divorce in New York

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms, and a user can download those on a court's website.

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Online Divorce in New York

For those seeking an inexpensive divorce in the state of New York, online divorce can be an easy, affordable and fast solution. Online divorces may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at OnlineDivorce.com makes it easy on the client. The site helps prepare all the necessary divorce forms and provides detailed written instructions on how to file for divorce in New York.

Our divorce document preparation service can assist those who want their divorce papers completed in a quick and stress-free fashion. New York has unique divorce forms and filing requirements, and our online system provides exactly what is necessary and applicable, with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If the two spouses have an amicable agreement on the terms of the divorce, why should the process get drawn out, and why should money be spent on lawyers? Online divorces are often cheaper, quicker and easier.

Online divorce is often a great option for those who want to save money or hope to have the divorce quickly finalized and return to normal life. An increasing number of people are preparing documents for divorce online because it can be done in the comfort of one’s own home. Even for complex cases that involve children, property or other assets, the online route is possible. Clients first fill out a simple questionnaire and are given instructions at each step of the way.

The process at OnlineDivorce.com is 100% secure. We protect the client’s information and nothing gets filed until the client personally submits the divorce papers to a court. Filing for divorce in New York with OnlineDivorce.com can be a simple solution to a difficult situation.

Filing:

OnlineDivorce.com begins the divorce process by presenting a simple online questionnaire. It can be filled out alone or with the assistance of a spouse. A signature from the other spouse must be obtained, after which the divorce forms may be filed at local court. In New York, this is typically done at the courthouse in the county where the client currently resides. If the petitioner is not currently a resident, but the defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with the completed divorce forms. Clients can also obtain assistance from their local courthouse by calling or stopping by.

If there are any issues with the documents after the initial filing, clients may need to follow up. OnlineDivorce.com helps the client make small adjustments to their forms, as requested by the court, at no additional charge. The goal of the service is always to minimize stress and hassle.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. New York is not an exception.

If only one of the spouses lives in New York when the divorce is filed, the residency requirement is two years. The requirement is reduced to one year if:

  • The spouses were married in the state and one of the spouses is still a resident;
  • They once lived in New York and one of the spouses is still a resident; or
  • The grounds for divorce occurred in New York.

In addition, there is not a residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in the state. The divorce can be filed for in a county where either spouse lives. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 - 231 and New York Civil Practice Laws and Rules; Rule 503].

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date New York driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in New York

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of New York. Grounds are merely the reason for divorce, and the state must approve them.

There are both no-fault and “general” (fault-based) grounds for divorce in the state.

No-fault reasons for divorce in New York include:

#1

Living separate and apart for one year under the terms of a separation agreement which is in writing and signed and notarized [proof of compliance with the terms of the settlement agreement must be submitted when the divorce is filed. In addition, a copy of the agreement or a brief memorandum of the agreement must be filed in the office of the clerk of the county] or

#2

Living separate and apart for one year under the terms of a judicial separation decree. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].

#3

The relationship between husband and wife has broken down irretrievably for a period of at least six months. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 7, Section 170].

General reasons for divorce in New York include:

#1

Adultery;

#2

Abandonment for one year;

#3

Imprisonment for three or more consecutive years; and

#4

Cruel and inhuman treatment. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170].

Please note that some of these reasons for divorce will require proof in the court, making them a bigger challenge than others.

OnlineDivorce reviews

April F., Missouri
OnlineDivorce made it a lot easier to file with the court. It was a great experience: easy to do and self-explanatory. They do all the work for you and give guidance. I would highly recommend this service to anyone.
Lee G., New York
It was an easy process. Straightforward questions and detailed instructions make filing divorce paperwork very simple. Each step is outlined and explained and there is no question left. This saved me lots of time and money in getting a divorce.
Troy G., Florida
It's an easy way to get the divorce forms completed without going into court and trying to decide which forms you need to copy. I recommend OnlineDivorce.com to anyone who is looking for a simple process to have their divorce completed.
Ted P., California
It was very quickly and very easy, and it didn't cost me a lot of money. My ex lived in a different state then but it didn't matter. I got the paperwork overnight. it really helps save a lot of time and I would highly recommend it to anybody who is in a situation to get a divorce.
Winter H., Colorado
OnlineDivorce helped me complete my divorce and eliminate spending thousands of dollars on seeking legal representation. We were able to do the division of assets and property and even child custody and visitation. I am thankful to this website.
Fred Z., Illinois
It was easy to file my uncontested divorce. I would highly recommend OnlineDivorce with regards to the cost and the ease of use - it's simple and straightforward. I truly appreciate your technology and your service offerings.
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Custody of the child in New York

Custody of the child

Either joint or sole child custody will be determined according to the best interests of the child. Neither of the parents is entitled to custody. There are no factors specified in this statute. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240 and New York Case Law].

Rules for child support in New York

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. After all, the children should not suffer because the parents choose to divorce. Child support is not meant to be punitive in nature. New York has put into place specific state-mandated child support guidelines which apply in almost every case, barring exceptional circumstances. With this, both parties’ gross incomes and certain child related expenses are considered when calculating the child support obligation. In the majority of cases, child support payments continue until the child reaches eighteen years of age, and they can extend until the completion of the child or children’s secondary education.

Temporary and permanent child support may be granted depending on the needs of the children.

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Rules for spousal support in New York

Rules for spousal support

Alimony, which is sometimes known as spousal support, is on occasion ordered by the court to allow one spouse to live in a manner established during marriage after the divorce. It is often ordered if one spouse has a much higher earning power than another--such as if one spouse had served as a homemaker during much of the marriage, for instance. This support or assistance may be decided upon by the couple together before filing or may be awarded by the court in a contested case. The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.

Either spouse can be awarded support after divorce, this is done without regard to marital fault, and is based on a consideration of the following factors:

  • The income and property of the spouses, including any marital property divided as a result of the dissolution of marriage;
  • The duration of the marriage;
  • The current age and health of both parties;
  • Both the present and future earning capacity of both parties;
  • The requirement of one party to incur education or training expenses;
  • The existence and duration of a pre-marital joint household or a pre-divorce separate household;
  • Acts by one party against another that may have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to, acts of domestic violence as provided in section 459a of the social service law;
  • Any transfer of property made in anticipation of divorce;
  • Any noted wasteful dissipation of marital property;
  • The contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, childcare, education, and career-building of the other spouse;
  • The tax consequences in place of each spouse;
  • The ability of the spouse seeking support to become self-supporting and the time and training necessary;
  • Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
  • The presence of children of the marriage in the respective homes;
  • The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party's earning capacity;
  • The inability of one party to obtain meaningful employment due to age or absence from the workforce;
  • The need to pay for exceptional additional expenses for the child(ren), including but not limited to, schooling, day care, and medical treatment;
  • The past equitable distribution of marital property;
  • The loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties; and
  • Any other factor the court deems just and equitable. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Property division in New York

Property division

When a couple chooses to divorce in New York, they must distribute property in a fair and agreeable manner.

New York is an “equitable distribution” state. The couple’s separate property, which includes property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:

  • The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;
  • The income and value of each spouse’s property at the time of the marriage and at the time of filing for divorce;
  • Any probable future economic circumstances of each spouse;
  • The duration of the marriage;
  • The age and health of the spouses;
  • The amount and sources of income of the spouses;
  • The probable future financial circumstances of each spouse;
  • The potential loss of inheritance or pension rights upon dissolution of the marriage;
  • Whether the property award is instead of or in addition to maintenance;
  • Custodial provisions for the children and the need for a custodial parent to occupy the marital home;
  • The type of marital property in question [whether it is liquid or non-liquid];
  • The impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse;
  • The tax consequences to each party;
  • Any noted wasteful dissipation of assets;
  • Any transfer of property made in anticipation of divorce;
  • Any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse; and
  • Any other factor necessary to do equity and justice between the spouses. Marital fault may be considered. Financial disclosure of assets and income are mandatory.

[Consolidated Laws of New York Annotated; Do­mestic Relations Law, Article 13, Section 236, Part B].

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Contested Divorce
Average prices start at $2000
Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.
  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal fees
  • Potential court battles adding to already high stress levels
The premier uncontested divorce tool
Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.
  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
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  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
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Other Online Divorce Services
Average prices start at $300
Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.
  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies.
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in New York

There are no legal provisions in New York for divorce mediation.

For those divorcing spouses who wish to file their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. Obtaining mediation in this manner can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in New York

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 which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, clients can simplify the process of preparing divorce documents to help both parties move forward with their lives.

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Filing fees for divorce in New York

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet that is required by a local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email or live chat and we'll do our best to help.
  • We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or money back - we have 19 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.