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Our simple 4-step
process

1
Check if you qualify
Find out if you and your circumstances are eligible for our easy divorce process.
2
Complete the questionnaire
Our questionnaire guides you through filling out divorce paperwork.
3
Review your forms
Review your personalized legal documents before final submission.
4
File for divorce
Take the final step towards your new beginning with detailed filing instructions.

Over 500,000 people
have used OnlineDivorce

For over 24 years, we’ve empowered individuals to get quick and stress-free divorces while saving money in the process.

5 stars

I started my divorce on my own, spending loads of money on lawyer visits in the beginning. So I decided to google for other ways and using this site was so much more simple!

Wesley H.
Wesley H. Missouri
5 stars

I had a very successful business at the time. So, making sure I had the right forms was very very important during my divorce. I was so surprised at how easy and smooth this process was.

James V.
James V. Texas
5 stars

After years of a tumultuous marriage, I finally decided that I needed to reclaim my life. I was looking for how to go about it and came across this site and they simplified and made the process of divorce easy for me. I never thought it would’ve been possible.

Chloe J.
Chloe J. Florida
5 stars

Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the next best option. No muss, no fuss divorce. No big legal words that I’d have to have read 10 times to understand!

Will S.
Will S. Colorado
5 stars

California is expensive and divorce can be even more expensive in the end but I can say that this site payed everything out for me to follow, from child support to alimony. My ex agreed to go this way as well so it was a much less expensive option for us.

Marco P.
Marco P. California
5 stars

Because of the whole dissolution of the marriage, I was struggling with two children and just in limbo with my husband at the time because of child support and alimony. I was a stay-at-home mom for 10 years. I just want to say that this site helped me sort it out. Thank you.

Tamara B.
Tamara B. Nevada
5 stars

I live in upstate NY and unfortunately one day I found myself in a situation for divorce. I was all out of whack, needed answers to take action. Enough was enough so I did it on this site. Everything was clear to understand, all forms and what to put in which box.

Theresa S.
Theresa S. New York
5 stars

Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find yourself in this situation do your divorce here if possible. Documents for all stages, alimony, child support and all!

Livy B.
Livy B. Illinois

It's less expensive

Contested divorces can cost on average $11,000 in lawyer
fees. OnlineDivorce is fast, affordable, and simple.

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An easy and quick method to prepare for uncontested divorce online and get high-quality divorce papers

  • A complete packet of divorce documents at a low cost
  • Fast preparation of all court forms within 2 business days
  • Thorough instructions explaining how to start a divorce
  • Convenient to use from any device at any time
  • Responsive customer email, chat, and phone support

Divorce with a Lawyer

>$11,000 On average

Divorce with a lawyer can be adversarial, lengthy, inconvenient and
costly

  • Litigated divorces are extremely expensive - $11,000 on average
  • They take longer to get finalized - up to a few years
  • Little or no control over the divorce outcome
  • Litigation ignites more conflicts between the parties
  • Prolonged court trials negatively affect children

Support for
all types of divorces

Every divorce is different, but with Onlinedivorce you
can personalize your assistance for every aspect of your online divorce.

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Online Divorce in New York

For those seeking an inexpensive divorce, online divorce in New York is an easy, affordable, and fast solution to prepare legal forms. Online divorce 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 for you. We help complete all of the necessary divorce forms and provide detailed written instructions on filing your 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.

Even though the state of New York has unique divorce forms and filing requirements, our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is 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 to return to get on with their 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 your spouse. Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. In New York, this is typically done at the Clerk's Office 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 your completed divorce forms. You can also obtain assistance from your 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 before filing for divorce. New York is no 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 got married in the state, and one of the spouses is still a resident;
  • The spouses lived in New York State as a married couple, and one of the spouses is still a resident; or
  • The ground for divorce occurred in New York.

In addition, there is no residency requirement if both spouses were residents of New York at the time of filing the divorce and the grounds for their divorce occurred in the state.

The divorce can be filed in the county where either spouse lives. [Consolidated Laws of New York; Domestic Relations, Sections 230, 231, and New York Civil Practice Laws and Rules; Rule 503]

Residency can be established using standard documents like a lease, proof of rent payments, utility bills, pay stubs, or a current driver’s license.

Valid grounds to get divorce in New York

Grounds for a 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 that the state usually accepts.

 

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

 

No-fault reasons for divorce in New York include:

 

  • 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];
  • Living separate and apart for one year under the terms of a judicial separation decree;
  • The relationship between husband and wife has broken down irretrievably for a period of at least six months.

There are seven grounds, legally acceptable reasons, for a divorce in New York State:

 

  1. Irretrievable breakdown in relationship for a period of at least 6 months This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled. Issues are settled when an agreement has been reached or they have been resolved.
  2. Cruel and inhuman treatment To use this ground, specific acts of cruelty must have happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The acts of cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.
  3. Abandonment To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the Plaintiff, this is called "constructive" abandonment.
  4. Imprisonment To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.
  5. Adultery To use this ground, the Plaintiff must show that the spouse committed adultery during the marriage. This ground can be hard to prove because evidence from someone besides the Plaintiff and spouse is needed.
  6. Divorce after a legal separation agreement To use this ground, the Plaintiff and Defendant sign and file a valid separation agreement and live apart for one year. The separation agreement must meet specific legal requirements to be valid.
  7. Divorce after a judgment of separation This ground is not used very often and is sometimes called a conversion. To use this ground, the Supreme Court draws up a judgment of separation and the married couple live apart for one year.

Please note that some of these reasons for divorce will require proof in court, making them more challenging than no-fault grounds.

Divorce in New York

Custody of the child in New York

Either joint or sole child custody will be determined according to the child's best interests.

"The best interests of the child" is not a specific term, so in the State of New York, judges shall consider each case separately to determine what would be best under the particular circumstances. The child's health and safety are given top priority, and the judge will look at many factors, including:

  • which parent has been the primary caregiver of the child during the marriage;
  • each spouse's parenting skills, their ability to provide for the child's needs;
  • each parent's mental and physical health;
  • each parent's work schedules and child care plans;
  • each parent's ability to cooperate with the second party and to encourage the child's relationship with the other parent when it is safe for the child;
  • the child's relationships with siblings or other family members;
  • the child's wishes and preferences (depending on the age of the child);
  • any history of domestic violence in the family. [Consolidated Laws of New York; Domestic Relations, Section 240]

Divorce in New York

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.

Child support is not meant to be punitive in nature. It can be either ordered by the Supreme Court during a divorce case or arranged with a written agreement between the parents. The court usually approves this agreement.

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 most cases, child support payments continue until the child reaches eighteen years of age, but they can extend until the completion of secondary education.
Temporary and permanent child support may be granted depending on the needs of the children.

Divorce in New York

Property division in New York

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 the marriage and any gifts or inheritances, remains 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 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 is mandatory. [Consolidated Laws of New York; Do­mestic Relations, Section 236]

Divorce in New York

Rules for spousal support in New York

Alimony, which is sometimes known as spousal support, is sometimes ordered by the court to allow one spouse to live in a manner established during the marriage after the divorce.

This support or assistance may be decided upon by the couple together before filing, or the court can award it in a contested case.

In the State of New York, courts may award temporary or permanent alimony:

  • Temporary alimony may be granted to the receiving party while going through divorce proceedings.
  • Permanent alimony may be granted to the party if they have significant special needs or cannot support themselves adequately. This type of support is typically reserved for lengthy marriages.

New York courts provide specific worksheets to calculate guideline amounts of maintenance both for contested and uncontested divorces.

The court shall order the post-divorce maintenance guideline obligation up to the income cap under paragraph C of Consolidated Laws of New York; Domestic Relations, Section 236, Part B unless the court finds that the alimony guideline obligation is unjust. Such finding shall be based upon 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 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;
  • 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 to each spouse;
  • Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
  • 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, daycare, 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; Domestic Relations, Section 236]

Divorce in New York

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.

It can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce in New York

Divorce Forms in New York

New York forms produced by OnlineDivorce.com covers divorce agreements adopted by both spouses. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents. It helps both parties move forward with their lives.

Divorce in New York

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?

Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.

Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.

Divorce in New York

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

  • We provide the full divorce packet required by the 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, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the 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 our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
Frequently Asked Questions

New York family laws allow divorcing spouses to represent themselves before the court, regardless of the type and circumstances of a particular divorce case.

A do-it-yourself divorce without a lawyer is regulated by the same rules of the civil procedure as a legally-assisted divorce. Therefore, the spouses who would like to arrange a divorce without an attorney may get the needed information and legal forms by contacting a Court Clerk's office or visiting the NY Courts website.

Nevertheless, please note that though the DIY divorce option is entirely legit, law experts recommend carefully evaluating your situation to not lose more during the divorce than you save on attorney fees. The risks are especially high when a contested divorce is at issue, or, for example, if the parties have minor children or significant assets, either spouse lives abroad, etc.

There are several mandatory steps each plaintiff has to take to file for divorce in the state of New York.

Make sure New York residency requirements are met. The party who initiates the case (called the plaintiff) has to gather all the necessary divorce forms and documents. One may obtain an uncontested divorce packet going to the Court Clerk's office or using the New York Courts website's self-help section. Then, the forms should be filled out according to all the requirements, signed, and notarized.

Those spouses who would like to save time and efforts can resort to OnlineDivorce services at this stage. OnlineDivorce.com selects the legal forms according to a specific divorce case's circumstances and fills them out correctly within two business days. The customer can be sure that all the papers are completed following spouses' peculiarities, the New York State laws and requirements.

Then, the plaintiff shall file the papers with the Supreme Court in the county of current residence and pay a court filing fee to start the case officially.
The next step is serving the other spouse with the copies of the documents, following civil procedure rules.

After the second party receives the forms and answers, the spouses who do not contest the case should sign a Marital Settlement Agreement and file the rest of the forms.
Besides, in New York, another divorce option is available for couples who do not have minor children, real estate, and substantial assets. A so-called Summary Dissolution allows filing a Joint Petition and avoiding the service of process stage.

The expenses associated with any divorce in New York include the court filing fee, which is mandatory for all plaintiffs, except those who are qualified to request a fee waiver due to financial hardship.

Other costs may vary depending on what type of legal aid or related services the spouses use. Such services could include but are not limited to, the assistance of lawyers, mediators, counselors, appraisers, etc., online paperwork drafting services, parenting classes fees, and more.

However, an average uncontested divorce is considered more affordable than the average (more lengthy) contested process, due to the high attorney fees charged per hour.

The spouses should meet the state’s specific residency requirements, where they will apply for divorce, starting the case in the place where they currently live, not where the marriage occurred.

New York Laws establish the following requirements, and the spouses have to comply with at least a one:

  • Either spouse must have been a resident of the state of New York for at least two years before filing for divorce.
  • Either spouse has been living in New York State for one year before the divorce motion is started, and the marriage occurred within New York State, or the spouses lived there as a married couple, or the ground for divorce happened within the state.
  • Both spouses currently reside in New York State, and the ground for the divorce occurred there too.

Once served with divorce papers, the defendant has to file the response within a specific time.

A defendant served in New York has 20 days to respond. If they receive divorce papers outside of New York, this term extends up to thirty days.

Filing the response allows the defendant to put forward their views or disagree with any provisions included in the divorce petition. In contrast, if the defendant fails to respond within the given period, the plaintiff can ask the court for a 'default judgment,' and the defendant's interests won't be considered.

Even if the spouses can manage their separation out-of-court and without lawyers, avoiding related costs, they still have to pay a court filing fee to start the case.

Therefore, in theory, a completely free divorce is available only for plaintiffs qualified for a fee waiver due to financial hardship.

To waive the court fees, the plaintiff should prove they cannot afford to pay it, filing an Affidavit in Support of Application for Waiver of Filing and Service Fees and Costs with the court.

The most common divorce forms typically required to be filed to start an uncontested divorce procedure in NY State are:

  • Summons with Notice
  • Summons
  • Verified Complaint
  • Affidavit of Service
  • Affidavit of Plaintiff
  • Affidavit of Defendant
  • Child Support Worksheet
  • Qualified Medical Child Support Order
  • Judgment of Divorce
  • Certificate of Dissolution
  • Income Deduction Order
  • NYS Case Registry Filing form
  • Child Support Summary Form