Extra Ways to Save Money When Filing a Pro Se Divorce in New York

3StepDivorce^TM for New York is a fast, easy, and affordable option to prepare the paperwork to file your own divorce.

If you and your spouse already know what you want to divide and how you want to divide it; you’ve done most of the legwork yourself. There is often no need to further hash out the details in a lawyer’s office.

Once you have made the decision to file yourself, here are a few other things you can do to cut NY divorce costs.

Keeping your divorce papers organized in a folder or large envelope ensures you will not misplace anything and it will always be readily available. New York has quite a few documents that are require to be file with the court and several of them look very similar and have similar names. Having your papers organized will make a huge difference in eliminating unnecessary stress. You may have one or two trips to the courthouse to file your paperwork but you don’t want to make more trips because you left a document at home. You may have other important items, like a copy of your marriage certificate and photo identification handy each time you go to the courthouse.

When you file the required New York paperwork for your divorce, you will have to have some documents signed by a notary. Typically there are 2 or 3 documents that will need you and your spouses signatures notarized. The documents will not need to be signed and notarized at the same time or place, but should be done in a timely fashion by each spouse. To save on notary fees, check with your bank to see if they offer this service. Many banks will offer free notary services as long as your are a current customer. Otherwise you can call the courthouse to see if they have a notary. This may add some convenience since you will have to go to the courthouse to file the documents anyway. If not, look in your local phone book for notary services and call around, some may charge by the page; others may have a different fee structure. Just make sure you have the paperwork ready for your notary so you are not making additional trips.

When you file an uncontested divorce in New York you have to pay the court their filing fee; in New York the fee is $210 to get an index number ($210 is for most counties, as it may vary). There are forms that need the court’s approval for a waiver of the filing fees. You are claiming and attesting to the fact that you cannot afford the fees associated with filing for divorce. It is not uncommon for a filing spouse to submit a request to waive the filing fees, but certain requirements must be met to be eligible.

One aspect you might have overlooked but can save you money is how you are going to file your taxes. Filing single or as a married couple may yield different results in regards to how much you are paying Uncle Sam. Also, if you have children, one parent will have the opportunity to claim the children as dependents and the other will not. These tax issues, once examined, often times yield a pretty easy decision.

You may need to explore the option to file your paperwork with your courts through the mail. This is often case if you are serving in the military abroad and cannot get the courthouse to file in person. This may offer some cost saving benefits in time and money, but you are still paying the court filing fees. Often you would need to have self-addressed, stamped envelopes for the court to mail the documents back to you. There are specific rules you must follow and the Clerk at the courthouse should be able to provide them to you. If filing by mail is your option to eliminate travel expenses, then certainly consider it, but otherwise most people file their own divorce in person.

There will always be a cost to serving the divorce paperwork to your spouse. The plaintiff serves a copy of the summons and complaint within 120 days of filing to the defendant. If the defendant lives in New York, anyone (other than plaintiff) who is a resident of New York State and over 18 years can deliver the divorce papers. Service must be personal, which means personally handing the papers to the defendant. The defendant can be served any day of the week except Sundays. If the defendant lives in another state, the plaintiff follows the rules for service in that state. Personal service is the most cost effective means since you don’t have to use a process server, anyone who is not a party to the divorce action can serve your spouse (a friend, or other trusted person).

There are several New York legal aid agencies that may offer information for you to contact a low-cost or pro bono (no charge) lawyer. You can still do your own divorce even if you have legal question. Often legal aid offices may offer lawyer referral services and you can ask a question or even have a free or very inexpensive consultation from a divorce lawyer. After your questions are answered, you can then proceed doing your own divorce. Legal aid offices may not be able to answer your legal questions; they simply may be able to point you in the right direction. You can also consider researching resources online that may have your answers. Often times people find answers to questions very similar to their own that have been posted on legal forums or questions and answer websites.

You don’t have to give up on doing your own divorce if you and your spouse have come to an issue you both cannot seem to negotiate or resolve. These is not uncommon. If you give up quickly on working together filing your own uncontested divorce will surely never happen. An option here is to seek out divorce mediation. Mediators are a less expensive means to resolve issues that you are in dispute over without costly lawyer’s fees and litigation.