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Uncontested Divorce 2017-09-29T21:53:24+00:00

To file a divorce in NY state, you must first met one of the filing requirements:

Residency requirements give a New York court the power to hear your divorce case. A New York court can only decide a divorce case if one of the following requirements are met under Domestic Relations Laws – Article 13 – Sections: 230 and 231:

  1. You or your spouse must have been living in New York State for a continuous period of atleast two years immediately before the date you start your divorce action; OR
  1. You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true:
  2. a) Your marriage ceremony was performed in New York State; OR
  3. b) You lived in New York State with your spouse as married persons; OR
  4. You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR
  5. You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce).

No-fault grounds

The appropriate ground for you to file may be based on what you and your spouse agree on and can verify, or what the filing spouse wishes to prove to the court. New York recognizes both fault and no-fault grounds for divorce.

As of October 12, 2010 New York is now a “no-fault” divorce law state. This means you can get a “no-fault” divorce if, according to either party, the marriage has “broken down irretrievably” for a period of at least six months.

The appropriate ground for you to file may be based on what you and your spouse agree on and can verify, or what the filing spouse wishes to prove to the court. New York recognizes both fault and no-fault grounds for divorce.

Fault grounds

Fault grounds for divorce simply means that one spouse is at fault for the divorce. The basis for a fault ground divorce in New York are as follows:

  • DRL §170 (7) irretrievable breakdown in relationship for a period at least six months (commonly known as “no-fault divorce”);
  • DRL §170 (1) cruel and inhuman treatment;
  • DRL §170 (2) abandonment;
  • DRL §170 (3) imprisonment;
  • DRL §170 (4) adultery;
  • DRL §170 (5) living separate and apart pursuant to a separation judgment or decree;
  • DRL §170 (6) living separate and apart pursuant to a separation agreement

It is important for you to know that if you wish to base your divorce on fault-based grounds, you will need to provide private information about your relationship to the court.

At this hearing, which generally does not last long, the judge will review the terms of the separation agreement to determine if the agreement is fair and reasonable. A judge also focuses on any issues involving children, as the judge stands “in loco parentis” meaning that the judge stands in the place of parents to make an independent analysis to ensure that a child’s issues are adequately addressed.

After the judge has an opportunity to review the divorce agreement, also known as the separation agreement, the judge will hear testimony by the plaintiff that the marriage has irretrievably broken down. The judge will inquire whether both spouses had an opportunity to review the other’s financial statement and confirm that each has made a full disclosure on their own financial statement. Thereafter, the judge will inquire of each spouse to confirm that he/she has read the agreement, understands the terms to which each agreed, whether either party obtained legal representation and if not, had the opportunity to do so. Once the judge is satisfied that with the responses, the divorce judgment will enter thirty (30) days from the hearing and thereafter, the divorce will be final ninety (90) days thereafter; total of 120 days from the date of the uncontested divorce hearing.

Schedule of Filing Fees

  • Index Number – $ 210.
  • Note of Issue – $ 125 or $ 30.
  • Request for Judicial Intervention – $ 95 or no fee.
  • Note: $125 is the total fee for the Note of Issue plus the Request for Judicial

Intervention. Please check with your county.

  • Certificate of Dissolution – Check with your local County Clerk’s Office
  • Certified Copy of Judgment – Approx. $ 4. – $ 10.

Check with the County Clerk’s Office regarding acceptable forms of payment.

Poor Person Status

Where an individual lacks the financial resources to pay the costs associated with a divorce action, an application may be made to have these fees waived or forgiven by the court.

Detailed information about filing an uncontested divorce in NY State can be found here