Our 3StepDivorceTM Online Divorce for New York is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the New York courts to finalize your divorce.
In the event that the documents provided are not accepted by the New York court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
New York Residency Requirements
Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when: A. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or B. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or C. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or D. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or E. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 230 and 231)
New York Divorce Grounds:
(1) Irretrievable breakdown in relationship for at least six months. (new in October 2010) (2) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment. (3) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. (Consolidated Laws of New York - Domestic Relations Laws - Volume 8 - Sections: 170 and Article 10, Section 170, and Article 13, Section 230)
New York Property and Debt Division
The court shall consider the following factors when distributing property upon divorce: (A) the income and property of each party at the time of marriage, and at the time of the commencement of the action; (B) the duration of the marriage and the age and health of both parties; (C) the need of a custodial parent to occupy or own the marital residence and to use or own its household effects; (D) the loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution; (E) any award of maintenance under subdivision six of this part; (F) any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; (G) the liquid or non-liquid character of all marital property; (H) the probable future financial circumstances of each party; (I) the impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party; (J) the tax consequences to each party; (K) the wasteful dissipation of assets by either spouse; (L) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; (M) any other factor which the court shall expressly find to be just and proper. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236)
New York Spousal Support, Maintenance, or Alimony:
In determining appropriate temporary or permanent maintenance which has been paid. In determining the amount and duration of maintenance the court shall consider: (A) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part; (B) the duration of the marriage and the age and health of both parties; (C) the present and future earning capacity of both parties; (D) the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor; (E) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; (F) the presence of children of the marriage in the respective homes of the parties; (G) the tax consequences to each party; (H) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; (I) the wasteful dissipation of marital property by either spouse; (J) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and (K) any other factor which the court shall expressly find to be just and proper. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236)
New York Custody and Visitation:
When determining custody or visitation of any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 240)
New York Child Support:
In determining the appropriate support amount the court will consider the following factors, but not limited to: 1. financial resources of the parties involved, including the children. 2. The standard of living prior to the divorce. 3. The physical and mental health of the children. 4. The tax ramifications. 5. Educational needs of the parents and children. 6. Other children outside the marriage each parent may have. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236, 240, and 243)
How Do I Know if I Should File in New York?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
Can I Use 3StepDivorceTM if I Cannot Locate My Spouse?
Yes. The system for New York will provide the required paperwork and the filing procedure for divorcing your missing spouse. This is referred to as a "divorce by publication".
How Much Are the New York Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in New York?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in New York?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in New York?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
New York Forms: Our question and answer technology will allow you to easily complete your New York divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.New York Divorce Forms List
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A total of 51 people have started their divorce through 3StepDivorceTM in the last 24 hours and 868 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)"
solution for any uncontested divorce (with or without children) that
will be filed in the state of New York. An uncontested divorce is one in
which you and your spouse are in agreement and eliminates the stress and
expense of settling your divorce in the
New York courts
With 3StepDivorce TM you can complete and print your New York state divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in New York in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in New York, learn more about getting your Separation Agreement or learn more about the basics of divorce in New York .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that’s still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in New York.
New York 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, New York 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
New York has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason for ending your marriage.
To get a divorce in New York, one of the following situations must apply:
(N.Y Dom. Rel. Law § 230 (2022).)
New York allows both “no-fault” and “fault-based” divorces. When you file for a no-fault divorce, you don’t have to prove that your spouse was at fault for ending the marriage. New York has three no-fault grounds for divorce:
A fault-based divorce is based on a claim that your marriage is ending because your spouse engaged in a type of misconduct—cruel and inhumane treatment, adultery, abandonment (for a year or more), or a crime that landed your spouse in prison for at least three years. (N.Y Dom. Rel. Law § 170 (2022).)
Fault-based divorces are almost always more expensive and lengthy, because the spouse accused of misconduct is sure to fight the allegations. And of course, a no-fault divorce based on separation means waiting at least a year before you can start the divorce proceedings. That’s why most New York couples who are getting divorced choose no-fault divorce based on irretrievable breakdown of the marriage—and why New York 3StepDivorce™ currently provides services only for couples who are getting divorced on that ground.
Many New York residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they’re filing for an “uncontested divorce” in the state. That means that they’ve agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use New York 3StepDivorce™ as long as you have an uncontested divorce based on the irretrievable breakdown of the marriage, and you meet the state’s residency requirement. You’ll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. New York 3StepDivorce™ will guide you through the process of creating this agreement, based on your answers to the questionnaire.
New York 3StepDivorce™ can also help if you aren’t ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use New York 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use New York 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. New York 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll have an option of customizing the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with New York 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, this means that the child lived with a parent in New York for at least six months before the divorce papers were filed. (N.Y Dom. Rel. Law § 76 (2022).) If you don’t meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule.
In New York, both parents have an obligation to support their children. And like all states, New York has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the New York child support guideline worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will review your agreement to determine if the amount of support is in your children’s best interests.
In your settlement agreement, you and your spouse may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in New York is final, you (or your spouse) may request a change in the amount of child support, but you’ll need to show that your circumstances have changed significantly. The judge will review your request based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own. As a general rule, you’ll need to submit your agreement to a judge or child support agency.
When you fill out your questionnaire for New York 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
In your New York 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your New York divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms from New York 3StepDivorce™, your next step will be to file your divorce paperwork with the correct court. The New York Supreme Court located in the county where either you or your spouse lives is the court that will decide your divorce case. You will file your papers with the county clerk’s office.
If you’re located outside of New York City, you can find the contact information for the Supreme Court in your county at this link. If you’re located within New York City, you can find the contact information for your court at this link.
In most courts, you will have to file the initial divorce paperwork in person. Some courts, however, do allow you to file electronically (if you’d like more information about electronic filing, the New York State Unified Court System’s website maintains an FAQ page on electronic filing).
When you file your divorce, you will pay a $210 fee to get an index (case) number. Most courts charge fees in addition to the index number fee. You should expect to pay at least $370 in total fees to file your divorce. The court clerk will know the total fees charged by your court.
If you can’t afford to pay the divorce filing fee, you can request “poor person status.” If the court grants your request, you won’t have to pay court fees. To request poor person status, file both of the following with the county clerk’s office when you file your initial paperwork:
Ask the court clerk if any additional forms are required, and whether you must serve these forms on your spouse.
There is no required waiting period after filing your divorce in New York. The court can make a final decision about your divorce as soon as its schedule allows. In most cases, the court can issue a final decision in about three months.
New York 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our New York Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about New York law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 750,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
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