Content

• Steps
• Part 1 of 3: Preparing for Divorce
• Part 2 of 3: Applying for divorce by mutual consent of a childless couple
• Part 3 of 3: How to Apply for Consensual Divorce with Children
• Tips

In New York, you can quickly get a divorce if the spouses have reached an agreement on the division of property, custody of children, their maintenance and visit. If you live in New York, you can go through a step-by-step divorce procedure by mutual agreement with the provision of all the necessary forms and detailed instructions for filling them out.

Steps

Part 1 of 3: Preparing for Divorce

1. 1 Check if your situation meets the requirements for filing for a divorce in New York. The Family Code of New York is very picky about where you live. Under section 230, you are eligible to file for divorce in New York City if you meet one of the following requirements.
   • If the marriage took place in another state, you or your spouse must have lived in New York for at least two years to be able to file for divorce.
   • This must be at least one year if you were married in New York or living together as a spouse in that state.
   • If you claim a “permanently broken marriage” (consensual divorce) as your reason for divorce, you and your spouse must prove that you have lived in New York for at least one year and that the reason for the divorce originated in New York State. For example, if you are reporting adultery, you must prove that it happened within the state.
2. 2 Think over the reasons for the divorce. If the spouses want to divorce as soon as possible and both parties agree to all the conditions, the most common reason under section 170 (7) of the Family Code is: "The relationship between the spouses was irreparably destroyed more than six months ago."
   • Other reasons include adultery, imprisonment, court-ordered separation for more than one year, abuse and malicious abandonment of a spouse.
   • If you and your spouse disagree about reasons for divorce, such as adultery or imprisonment, it is strongly recommended that you use the consent option of divorce. Divorce already takes a lot of energy, so it is better to do without accusations against your spouse in a public document. The only exception is deliberate spouse abandonment, in which you do not know where your husband or wife is. A spouse abandonment application will help you formally obtain a divorce permit.
   • The reasons for divorce in New York must be specified.For example, violence must reach the level of domestic violence in order to meet the necessary requirements. Cases of abuse that occurred more than five years ago are not considered a reason for divorce. It is necessary to provide details by indicating the date and place. If you would like to state specific reasons for your divorce, consult with a family law attorney for a detailed divorce petition as required by the court.
3. 3 Be prepared to pay the registration fee. In case of divorce by mutual consent, you must pay about $ 350 in addition to paying for the services of a court courier. These costs must be paid upon application.
   • If your ability to pay is poor, some or all of the registration costs may be canceled. It is necessary to submit a notarized “affidavit of the impossibility, due to insolvency, to pay the office costs”. The judge will review the application and may require a statement of income and expenses. If the application is accepted, the judge will issue a decree and the divorce proceedings will continue without paying the registration fee.

Part 2 of 3: Applying for divorce by mutual consent of a childless couple

1. 1 Find out the requirements for considering a mutual consent divorce. If you have no children under the age of 21, born in wedlock or adopted, and the issue of the division of all property and debts is mutually agreed upon, you have the right to apply for divorce by mutual consent.
   • Only statements without accusation of one of the parties will be considered, that is, only if the problems in the relationship have lasted at least six months and cannot be solved in another way. At the same time, there should be no accusations. At least one of the parties must be ready to testify under oath about the reasons for the dissolution of the marriage.
2. 2 Make sure you have all the tools you need to complete your application. To file a divorce petition, you must have a computer with Microsoft Word or the free version of Microsoft Word Viewer. The computer must be connected to a printer to print copies. In New York City, you are not allowed to file for divorce electronically.
3. 3 Gather the information you need. The divorce filing program includes a list of information that must be provided. Most of the information will not cause any difficulties, for example, surnames and names, contact information of the parties, date and place of marriage, as well as details of the settlement agreement.
   • A settlement agreement may simply be a statement that "personal property and debts have been divided." If you have any type of transport or rental agreement, mention it separately. For example, “The Claimant will receive ownership of the 2012 Toyota Camry, (vehicle identification number)” or “The Respondent will receive ownership of the apartment located at (address). The defendant will receive a lump sum of money in the amount of (amount) to (date). After payment, the defendant will submit the necessary documents on the transfer of ownership in favor of the claimant. "
   • If you own a property, it must be sold or one of the partners will retain ownership. Describe in detail the details of agreements on nuances such as share buybacks or mortgage payment agreements. For example, “The Claimant will retain ownership of the property and will pay the mortgage for the home located at (address). The defendant will receive a lump sum of money in the amount of (amount of the amount) to (date). After payment, the defendant will submit the necessary documents on the transfer of ownership in favor of the claimant. "
   • Even if you are using a mutual consent divorce program, consult a lawyer to prepare a settlement agreement if you have unresolved issues, such as those related to cash deposits and retirement accounts.With a little effort, you can speed up the divorce process thanks to this system.
4. 4 Find out if your spouse is going to change your last name. Regardless of who is the claimant, if your wife or same-sex spouse adopts your surname, you can use the divorce petition to return your old (maiden) surname. The same applies to double surnames. Divorce allows you to return a single surname. This information can be provided when filling out the form.
5. 5 Order an index number. The preparation of documents can be accelerated if you have already received a court index number. You can apply for a Summons Notice and pay for an index number. At this time, you can also fill out an application for waiver of payment. You must complete paperwork in the court of the county in which you live, even if another courthouse is closer to where you live.
6. 6 Use the state program to file your divorce petition. New York State has partnered with law firms to develop an interactive online program for filing a court-prepared package of documents for divorce by mutual consent. One of the parties can prepare the documents, after which they must be signed by the other party, but this can also be done together.
   • You can also hire a lawyer or use the services of a divorce filing company. You will not have to pay to represent your interests, but you will need to pay for consultation and preparation of documents, as well as services provided according to the circumstances in your specific situation.
7. 7 Recheck the documents and sign them. Immediately after receiving the package of documents for divorce, both parties must read and sign them. The divorce petition must be signed in front of the notary in blue ink to prove the authenticity of the signature. You and your spouse can sign the documents separately, but both signatures must be on the same package of documents.
8. 8 Submit your divorce package. New York State allows you to file for divorce in stages. To do this, you will need an index number, a subpoena notice, and completed divorce forms. Bring your original documents and two copies of each document with you. The originals will be kept in court, and you and your spouse will be provided with certified copies of the documents.
9. 9 Find out if service is required. In the case of a consensual divorce, the simplest way to expedite the trial is to sign an affidavit in favor of the accused by the defender.
   • If your spouse refuses to sign the affidavit, hire a court courier to send a copy of your subpoena and complaint. The court courier will provide an affidavit of service. You will have to pay $ 50-100 for the services.
10. 10 Set a legal due process timeline for divorce. If your spouse has signed an affidavit in favor of the Respondent, you can immediately set a procedural time limit for divorce. Otherwise, you will have to wait at least 40 days from the date of notification. This procedure may differ from county to county. Some courts are more formal than others. Talk to the court clerk about setting a hearing date orally or in writing.
11. 11 Wait for the final decision. Depending on the county in which you are applying, you may be required to appear in court. Ask the court clerk if there is such a requirement in your county. Many courts, especially in more densely populated districts, agree to divorce only after the documents are personally signed by both parties. You will receive a notification by mail if this is the case. The court order can be collected from the court office. Remember to bring your ID and be prepared to pay around $ 10.If you have a fee cancellation order, please bring a copy of this document with you and you will not have to pay anything.
    • Give a copy of the court order to your spouse. You can now start changing your last name on documents, rewriting leases, and updating your financial accounts.

Part 3 of 3: How to Apply for Consensual Divorce with Children

1. 1 Confirm that the divorce is by mutual consent. Difficulties can arise if the case involves children and the trial takes place in New York. You and your spouse are encouraged to come to an agreement on the division of property, financial support, and visitation before starting to prepare many of the documents.
   • Summarize your agreement in a written statement to be signed and dated. This will prevent disagreements later in the divorce process.
2. 2 Review the forms and instructions. There are 17 forms that must be completed to obtain a consensual divorce in New York City if you have children. These forms can be downloaded as Microsoft Word documents or PDF files for printing. You will also be provided with a manual with detailed instructions for completing the forms.
   • After completing the forms, one or both spouses can express a desire to restore their previous surname. This also applies to married couples who chose a double surname at the time of their marriage. The divorce law allows for changes to driver's licenses, social security cards, and voter registration.
   • By law, you are allowed to seek help from your spouse or someone else when filling out the package of documents for divorce.
   • Fill out forms on your computer or print information in block letters in black ink. This will allow you to make copies of documents and scan them.
3. 3 Complete the Child Financial Assistance Sheet. Even if you and your spouse do not agree to pay the same amount of money, you must still complete a statement to show that financial assistance will be provided by law. The judge can change the estimated amount only if full financial support for the child is guaranteed. You must also fill out a health care document, which requires the child's parents to provide medical care to the child if necessary.
   • You and your spouse can complete the form together. You can also fill in fields together about you or your spouse, or estimate each other's income and expenses. Remember that when assessing income and expenses, your spouse may disagree with the specified amount, which will delay the divorce. It is best to do this together.
4. 4 Sign and certify the documents. Most documents require the signature of both parties and some of them must be signed in front of a notary. Some sections of the documents must be signed by your spouse. Even if you filled out documents in black ink, you need to sign them with a blue pen to confirm their authenticity.
5. 5 Find out if service is required. As in the case of the divorce of childless couples, divorce in the presence of children can be accelerated if the defense attorney refuses to serve the court document and accepts the summons along with the complaints. To opt out of service of a court document, your spouse must sign an affidavit in favor of the Respondent.
   • If your spouse refuses to sign the affidavit, you need to hire a court courier to deliver the divorce package and complete the affidavit of service. This will delay the divorce procedure by about 40 days.
6. 6 Provide an index number and set a divorce date. Once you have completed and signed the required forms, you must take them to your local district court, even if another court is closer.You must also pay the registration fee or apply for a waiver. Take your original documents and two copies with you. The originals will be kept in court and certified copies will be provided to you and your spouse.
7. 7 Wait for the final decision of the court. Ask the court clerk if you need to be present when the decision is made. Depending on the county, you may be required to appear in court. You will receive a notification by mail if you need to sign documents for a divorce. The court order can be collected from the court office. Bring identification documents with you and be prepared to pay around $ 10. You do not have to pay anything if you applied for a waiver and brought a copy of it with you.
   • Give a copy of the document to your spouse. Now you can start changing your last name on paperwork, rewriting your lease agreements, and making changes to your school records and financial accounts.

Tips

• Use a mediator if you need help reaching agreement on both sides. A qualified specialist, who is also a mediator, will listen to you and your spouse and help you understand what each of you wants. This will help you reach agreement on various issues. For more information on divorce mediation, see the appropriate section on the New York Court website.