New York allows its residents to file for divorce without lawyers when all issues related to custody, support and property are in agreement between themselves and their partner. If this is the case for them, use the uncontested divorce do-it-yourself program on the state website to file.
File an Uncontested Divorce
New York-based couples who agree on all terms for an uncontested divorce such as property division, spousal support and child custody can opt for an uncontested filing to save costs and speed up proceedings. An uncontested divorce filing also leads to reduced court costs and shorter waiting periods than competing actions.
Couples must first fulfill all state and county residency requirements before filing for divorce; additionally they must establish grounds for it (irretrievable breakdown of marriage is often an effective excuse for splitting up).
Defendants who dispute any terms or sign an Affidavit of Default can make the divorce case contentious, forcing it into Step 4: Calendaring. Filing multiple forms will likely be necessary to reach its completion on time, which an attorney can assist with.
Create a Divorce Agreement
Divorce settlements vary dramatically and depend on each couple individually. Yet some trends do appear, for instance when two spouses with similar incomes divide assets evenly without seeking spousal support, whereas those with uneven incomes often aim for an equitable distribution of assets with several years’ of spousal support in mind.
Your settlement should include a comprehensive overview of your assets (bank accounts, investment accounts and pensions), division of debt and method for paying any agreed-upon alimony payments. In addition, parenting time schedules need to be decided upon and in some instances an in-depth business ownership agreement may also be necessary.
Your agreement should clearly outlines your terms, with both parties promising to abide by them. Consulting a divorce attorney is vital in making sure your language holds up in court, and all essential issues have been covered.
Serve Your Spouse
No matter whether a case is contentious or uncontentious, receiving formal notice of divorce proceedings is key for keeping both parties informed while also giving jurisdictional courts enough information about your case to hear about it.
Personal service is mandatory in New York, meaning a third-party person over the age of 18 must personally deliver legal paperwork to one’s spouse. When filing their paperwork with the county clerk, plaintiffs should bring two copies for stamping and signing by them as proof of service, along with an Affidavit of Service that will also be provided to their partner for signature.
Depending on the nature of their divorce case, depending on which papers need to be served on defendant, plaintiff may need to provide details regarding income, assets and properties owned. One document required would be the Statement of Net Worth where they provide details on all income sources as well as assets held.
File a Petition for Divorce
Dependent upon the nature of your divorce proceeding, certain forms may require legal help to complete correctly. Any mistakes could cause serious issues down the road and prolong it further.
If you and your spouse have come to an amicable settlement agreement, or are in agreement on how best to file their petition for divorce without legal help, filing an independent petition for divorce without hiring an attorney should be possible. Simply present a completed stipulation of settlement form along with any necessary forms at your local Supreme Court clerk’s office in your county of residence.
After serving your spouse with a summons and complaint for divorce, they have 30 days to respond or you can request a default judgment – this option may be more complex and costly but can help save time in the proceedings.
Schedule a Hearing
To schedule a hearing, fill out an online Fair Hearing Request form. If you require help in filling out this form or would like information on filing specific types of defense, reach out to the Help Center for guidance. Self-represented parties may participate in Remote Help Sessions during the COVID-19 outbreak or attend in-person OATH locations throughout the City for Help Sessions. Once their request has been sent in, a judge will make a determination in regards to this matter. Judges usually mail decisions within 60 days after hearings have occurred and can be requested by sending self-addressed, stamped envelopes to OATH without incurring additional costs for this service.