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New York Uncontested Divorce Online  

New York

Uncontested Divorce Online

 
 

Before you start completing your uncontested divorce forms with us, please read all the requirements for New York divorce. Make sure that your situation matches all the requirements. Uncontested Divorce Forms Online

 
 

Requirements for New York divorce

 
 
Residency Requirements:
 
To file for divorce in New York, one of the following must be true:
* you got married here and at least one of you has lived here for the last year; or
* you lived in New York together and at least one of you has lived here for the last year; or
* the basis for the divorce occurred in New York and at least one of you lived here for the last year; or
* the basis for the divorce occurred in New York and you both live here now, not necessarily for a whole year.

If you weren’t married here, the basis for the divorce didn’t occur here, you never lived here together, then at least one of you has to have lived here for at least the last two years.
 
Legal Separation:
 
The grounds for legal separation are the same as for ground for divorce, plus neglect or failure to provide support to the wife.
 
General Divorce Procedure:
 
You will need to go the clerk’s office, or have someone deliver documents to the clerk’s office for you, in order to get a case number and to file your documents. You will need to file proof of performance of all the terms in a separation agreement. In addition, a summary divorce may be granted if:
 
(a) the spouses have lived separate and apart for 1 year according to the terms of the separation agreement or decree; and
(b) proof that the terms were carried out.
 
In addition, You will also need to file a financial disclosure.

Grounds for New York Divorce:

No-fault:
 
New York’s no-fault reasons or grounds for divorce include living separate and apart for one year under the provision of a written, signed and notarized separation agreement which must be filed in the office of the clerk of the country.
 
The other no-fault ground is living separate and apart for one year under the terms of a judicial separation decree.

 
Fault-based:
 
Fault-based grounds for divorce include:
    1) adultery;
    2) abandonment for one year;
    3) imprisonment for three or more consecutive years;
    4) cruel and inhuman treatment.

 
Mediation or Counseling:
 
There are no provisions for mediation.
 
Where to file for divorce:
 
In the county where either spouse resides.
 
Title of Divorce action:
 
Complaint for Divorce.
  Uncontested Divorce Forms Online
 
Rights to Maiden Name:
 
The wife may restore her maiden name upon request.
Go to "Change Name" service
 
Filing Fees:
 
Court filing fees are in addition. Please check with your local courthouse to determine the exact amount.
 
Uncontested Divorce Forms Online
 

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  Related FAQ's

* Must I go to court?
* What is the difference between no-fault divorce and uncontested divorce?
* What are the Residency requirements for filing for divorce?
* Marital Settlement Agreement... What is it?
* What about alimony?
* How is child custody decided?
* When can I remarry after divorce?
* Can I change my child's name upon divorce?
* How is property divided, including retirement funds?

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