New York divorce details
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Uncontested vs Contested Divorce
These two types of the divorce process are really different due to a number of facts.
Firstly, the Uncontested Divorce is the divorce when both spouses amicably want to end their relationship. They appreciate the time they have and do not spend thousands of money on the million court hearings, negotiations, the help of the attorney. That is not cheap enough.
Unlike the Uncontested divorce, a Contested one is much harder.
Here you do not agree with your spouse about such issues as:
- The child custody
- The spousal support
- The property division
The couple needs the help from the legal body to realize what they should and should not do.
The Contested Divorce is highly complicated and requires more investments from both spouses. It is the synonym to the word “stress”.
Approximately, the Contested Divorce in New York can last one year, and the court can prolong the waiting period according to the county.
If now you are choosing between the Uncontested divorce and the Contested one - the choice is obvious. Calmness and the quick result are a really good deal!
Uncontested Divorce in New York
The Uncontested Divorce is a type of divorce when both spouses have already come to an understanding of all the items of the future marriage termination. It means, that you do not need to spend extra time on the dealing with a number of problems.
There are several grounds for the Uncontested Divorce, they are:
- A permanent violence towards one of the spouses
- A commitment to prison of one of the spouses
- An adultery fact of one of the spouses
- A separate life more than one year
- A constant misunderstanding
All these grounds are valid and worth observing in details for your case. The Uncontested Divorce is the easiest way to complete your relationship legally and without extra expenditures. Its cost is affordable, it begins at $140 and can update to $20 000, depending on your case.
Online documents preparation can save your money and time for the divorce procedure in general.
New York Residency Requirements to file for the divorce
It is highly important to match the state requirements for your case, to get the approval of the court.
In New York State, the residency requirements are as follows:
Both of the divorcing spouses must reside in the state, and the marriage registration should take place in New York as well.
The spouses must live in the state not less than two years.
If the parties got married in another state, they should have the official permission from the county they married for the divorce procedure in New York.
In comparison with other states, the New York State has a bit stricter rules and laws for the termination of the marriage, be sure you are prepared for all of them.
How to file for the Uncontested Divorce in New York?
Prepare the Petition
From the moment you come to the court, your case is registered. When you provide the court with all the necessary documents, the divorce starts.
Give your spouse all the documents
As a Petitioner, you should provide another side with all the documents. You can do it by post or by email. If you do not know the current address of your spouse, you have to tell about it the court representative. The court will announce in media, such as radio, TV, and newspapers about the missing spouse and finally will schedule the court hearing.
You should also serve the court with all important facts such as the common debts, the property division, the child custody, and the spousal support. Be sure, that you have already given the court everything significant.
Deal with the Marital Settlement Agreement
It is a document, that makes the spouses agree on all the problematic items. It is usually signed by the County Clerk and prepared for the court hearing.
Wait for the Final Judgement
For the Final Judgement, both spouses have to be present at the courtroom. If one of the spouses is not there, the judge makes a solution to prolong the procedure. Everything depends on your eagerness to finish the process.
DIY Divorce in New York
Nowadays, this type of the divorces in New York is highly valuable because of its cheap price. In such a divorce, the couple does not need the attorney to commit any action on their behalf. You solve all the matters by yourself.
If you are the Petitioner and the initiator of the divorce procedure, it is only your duty to provide your spouse with all the documentation.
How much does an Uncontested Divorce cost in New York?
The State of New York stipulates an Index Number Fee of $210.00 for the beginning of the divorce procedure. The additional price for the extra expenses may vary from $95.00 to $30.00. It includes a Judgment sign (the Request for Judicial Intervention and Note of Issue papers). The total price can be at least $335.00.This number is considered to be minimal.
Do not forget about the attorney, please. The hour of his/her work costs on average $500 in the State of New York. You can double this sum if you want to hire an attorney with the rich experience. If you prepare your papers for the court online, the price will be much less, due to the fact of 100% court approval, and just one attempt for the filling.
Well, if you are hesitating with the question like how long will it take to get a divorce in New York - we can give you the accurate answer that it is a strictly individual decision of the Court. Nowadays, there is no general or normal term for the marriage termination, and the Judge personally makes a decision on your case.
As a rule, for the Uncontested Divorce, you should wait for the court hearing for forty (40) days from the moment the Petition is signed. With the Contested divorce, you should wait for the court hearing for approximately one hundred twenty days.
How Long Does It Take to Get Divorced in New-York?
An approximate duration of a divorce procedure depends on the type of the divorce itself.
For the Uncontested divorce it is almost 7-8 months, for the Contested one it can be almost 15-16 months, according to the case. The waiting period, as we already spoken about, also depends on the case peculiarities.
Well, now we are coming to a key observation of the required documents to file with the court for the Uncontested Divorce. Let’s clarify them together.
Papers and Documents You Need to Get a Divorce in New York
- Notice Of Automatic Orders
- Notice of Guideline Maintenance
- Notice Concerning Continuation Of Health Care Coverage
- Summons with Notice (UD-1)
- Summons (UD-1a)
- Verified Complaint (UD-2)
- Affidavit of Service (UD-3)
- Sworn Statement of Removal of Barriers to Remarriage (UD-4)
- Affirmation (Affidavit) of Regularity (UD-5)
- Affidavit of Plaintiff (UD-6)
- Affidavit of Defendant (UD-7)
- Annual Income Worksheet (UD-8(1))
- Maintenance Guidelines Worksheet (UD-8(2))
- Child Support Worksheet (UD-8(3))
- Support Collection Unit Information Sheet (UD-8a)
- Qualified Medical Child Support Order (UD-8b)
- Note of Issue (UD-9)
- Findings of Fact/Conclusions of Law (UD-10)
- The Judgment of Divorce (UD-11)
- Part 130 Certification (UD-12)
- Request for Judicial Intervention (RJI) (UD-13)
- Addendum for the RJI (UCS-840M)
- Notice of Entry (UD-14)
- Affidavit of Service by Mail of JOD (Form UD-15)
- Affidavit in Support of Application to Proceed as Poor Person
- Poor Person Order
- Affidavit of Service of Proposed Poor Person's Order
- Postcard Sample
- Certificate of Dissolution
- Notice of Settlement
- Spousal Support Only Income Withholding Order (LDSS-5038)
- Non-IV-D Income Withholding Order (LDSS-5037)
- Spousal Support Only Income Withholding Order (LDSS-5038)
- Income Withholding For Support: General Information and Instructions (LDSS-5039)
- NYS Case Registry Filing Form for use with Non-IV-D orders (except spousal only orders)
- UCS-111 Child Support Summary Form
- DRL 255 Addendum
- LDSS 4882 Application for Child Support Services
The court requires all these documents, but you personally hardly need all of them for your case.
As we can conclude, to complete all the papers online, you need to know exactly how to do it and have some experience. For this reason, we will tell you about the Online Divorce everything you need to know.
How to serve your spouse in New York
Anyway, you have to deliver the documents to your spouse to begin the divorce proceedings. You can do it either via email or via post. In addition, you are able to give your spouse each paper personally, depending on your spouse location.
At least, you should give your spouse 2 copies of every document in case of a loss or another unpleasant situation in the courtroom. The County Clerk will undoubtedly help you with all the issues of serving your spouse.
Online Divorce in New York
The online divorce means that you prepare all your documents and forms online, without the help of the attorney. It saves your money essentially and makes the divorce procedure an easier one. The online process includes such moments as:
- Understanding what exactly type of the divorce you have
- Ordering necessary documents on the website
- Paying the affordable fee for the ready-made forms
- Waiting till the papers are completed
- Taking the already filled documents and go to the court.
Sounds like a good deal, doesn’t it? You can be absolutely sure that on our website all the documents are accurate and will be 100% approved by the court.
Rules for child support in New York
After the divorce, you have a lot of issues to solve, but the main of them is the child custody.
First of all, you have to think about the child wellness and prosperity. Both spouses have equal rights for the child/children visitation and providing with everything essential. Until the child is 21 years old, both parents should care for him/her.
The Physical Custody includes such positions as:
- A common custody when parents take care of the children
- An individual one when the children constantly live with 1 parent in most cases and regularly visit another one.
As for the money support, let’s take a vivid example:
You take the physical custody individually, and you have $20 000 a month, at the same time, your spouse has $30 000 a month. Together it is $50 000. The court takes into account the child support percentage, and we have such numbers as:
- 17% of the total income for a child
- 25% of the total income for two children
- 29% of the total income for three children
- 31% of the total parental income for four children
- Approximately 35% of the total income for five or more children
If you agreed on all the financial and moral aspects of the further separate life without harm to your children, your divorce procedure will last much smoother.
Rules for spousal support in New York
While dealing with all the peculiarities of the spousal support in New York, the Court considers some of these aspects:
- the income of both spouses
- the marriage term
- the place of child/children living, who they live with
- the tax rate
- the health state of both spouses
These and other issues are crucial for the Court in the divorce procedure, and the regulation regarding the spousal support is always fair.
Division of property in New York
In New York, the division of property is fair and equitable. The Judge should take into account such peculiarities of the property division as:
- The income of each spouse
- The time of the couple in the legal marriage
- The health state of both spouses
- The pension rate and health insurance
- The alimony of the spouses
- The state of all the material property of both spouses
- The future financial state if both spouses
- The interest rate of each spouse in the common business if required
- The tax expenditures of each spouse
The main goal of the court to make the division as equal as possible, according to the New York legislation. The common debt is also divided between the spouses according to the rate of this debt, how many years you live in the legal marriage, etc. You have to prepare documents, proving all the possible information about the debt.
Divorce Mediation in New York
The Divorce Mediation is a negotiation about divorce issues with the help of the third party. Each spouse has a lawyer to help with the divorce procedure.
The New York Family Code requires a mediation for the child support issues. In New York, the court will not give you the Final Judgement until you have a mediation process.
Here is the simple mediation procedure:
- Both spouses go to the first meeting with the mediator to discuss burning issues
- The mediator stipulates time for the negotiations, convenient for both spouses
- If both spouses have met an agreement, the mediator signs a document on the terms and a position of each spouse separately
How to divorce a missing spouse in California
If your spouse is missed while you are getting the divorce, you should do everything possible to search for him/her. The Court will allow the Publication in the several newspapers to find the missing spouse if you failed to find him/her.
In New York, you should do all the following events to find the missing spouse:
- To look for the spouse everywhere
- To look for the blood relatives of the missing spouse
- To look for the phone number of the missed spouse
- To phone the police and ask for the help to find your missed spouse
Finally, if your spouse is not found, the court will schedule the Final Judgement without him/her.
The Default Divorce in New York
The Default Divorce is a legal termination of the current marriage. A Default Divorce is actual when one of the spouses does not want to get or respond a Divorce Petition.
Grounds for the Default Divorce
There are several grounds for the Default Divorce. Here they are:
- The absence of the spouse for the term of at least 1 year
- The adultery
- The extraordinary violence or cruelty
- The deceitful contract
- The absence of must-have duties
- The excessive drinking
- The Imprisonment of each spouse in a state or federal correctional institution at the same time of filling out the Petition
- The culture/Religion/Disease issues
- The Criminal Conviction
- The financial backing
- The sexual issues
In the State of New York, the average price for the Default Divorce is in general $20 000. It includes the fee of the lawyer, additional costs, the cost of the Sheriff service, etc. With our online papers preparation you will pay twice or even three times less than with the help of the attorney, do not forget about it!
Annulment of the Marriage in New York
Annulment of the marriage is a bit different thing from the divorce procedure.
The grounds for the annulment can be:
- One of the spouses was not 18 years old before the fact of the marriage registration
- One of the spouses was mentally ill before the fact of the marriage registration
- One of the spouses is physically ill or disabled
- The marriage was a fact of the forgery
After the annulment of the legal marriage, the spouses also divide the property and the child custody as equally as possible. The family debts are annulled by the court as well as the marriage. The spouses are considered to be never married before.
Legal Separation in New York
The Legal Separation is the process when both spouses can’t marry one more time until they get a legal divorce procedure. All the issues of the property division, child custody, etc are similar to the usual divorce proceedings. You can see the information above.
As for the children, a couple has equal rights to visit them, support financially, etc. The Superior Court makes all the decisions regarding your case. I0n the State of New York, the legal separation is a rather regular event.
The Same-Sex Divorce in New York
The Same-Sex Divorce is the marriage termination between two people with one gender.The same-sex couples have to solve the same issues as the traditional couples to complete their marriage in New York. The nuances of their divorce can be as the following ones:
- The spousal Support
- The property division
- The child custody
- The debt division
The Same-Sex Divorce in New York does not differ from the usual one at all. It allows the same gender couple to have similar rights to any other married couple. It definitely gives the possibility for the same-sex couple to feel more confident and self-sufficient in their position.
Military Divorce in New York
It is one more procedure similar to the usual divorce. All the terms and conditions repeat the usual divorce process. You can serve your military spouse by Army Post Office or Fleet Post Office address, or you can telephone the military office, a duty station or the service commander. If something goes incorrect, you can ask the Supreme Court to regulate your issues.
How to divorce a spouse in a jail in New York
You have to clarify with the Court Clerk all the questions about this event. All the required papers you can send your spouse right to the jail by post or manually give him/her the forms to fill with the court The duration of the process is the same as any other divorce procedures.
Divorce filing fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a fee be waived?
In New York, you have the possibility to waive the fee for the divorce. The waiving process includes:
- Your monthly income rate
- The total cost of the divorce procedure
The information about your debt. You have to ask for the Waiver at the Supreme Court, and it will point your future steps.
How we can help
We will be pleased if you choose us to help you with all the issues of your divorce case. For us, it is very essential to provide you with the accurately prepared documents for the court. The accurate and fast dealing with your papers will allow you to terminate your marriage really faster and more comfortable.
Liabilities to our clients
- Affordable price for your completed divorce forms
- Complete the process online at your convenience
- Excellent customer support
- No hidden fees
- Instructions review on-demand
- 100% Court Approved Uncontested Divorce Forms
- All forms meet your state and county requirements