How to Get a Quick Divorce in New York?

Divorce is the legal process that dissolves a marriage and any other contractual obligations between spouses. It is a stressful and emotional process, even if it is uncontested.

“Uncontested” means that your spouse will consent to the divorce, and you won’t need to go to court. If you want to know how to get a quick divorce in New York, this read will be helpful for you.

If the two spouses can agree on several issues, they can accomplish a divorce in New York quickly. They must complete the division of property, custody of the children, support obligations, and visitation.

If you meet the residence requirements, in New York, there is a step-by-step process for divorce.

You need to complete your documents and follow instructions for divorce. Let us move on and guide you on how to get a quick divorce in New york.

How to Start a Divorce Process in New York?

It is wise to consult with or hire a divorce lawyer to make things easier and calmer. A lawyer can ensure that your legal rights are secure. Also, he/ she can assist you with any problems that may arise during the divorce process.

Here are all the steps you need to follow to get a quick divorce in New York.

Fulfill the Residency Criteria

You must prove that you or your spouse was residing in New York for at least a year before filing for divorce. If you meet this criterion, New York courts will hear your case.

Understand the New York Divorce Laws

In New York, there are several legal grounds for filing for divorce.

At least six months have passed since the end of the relationship (usually called a no-fault divorce)
There has been cruel treatment with you at the hands of your spouse. In these situations, it is unsafe for a spouse to be in the same home as a partner. They are both emotionally and physically in danger.
The plaintiff demonstrates that their spouse has abandoned them for at least a year to assert this claim.
Adultery while still married.
A spouse resides in three or more consecutive years in prison after getting married.
Couples who live apart for a year can obtain a separation agreement.

You can file for a fast divorce if you manage to do the following successfully and quickly.

Compile the Data You Need to Fill Out the Forms

You’ll need a few things to fill out the divorce paperwork for an uncontested divorce, such as:

Names and Addresses of both spouses.
A duplicate of your marriage license.
A copy of any settlement agreement or other arrangement you have with your spouse
A summary of the assets you and your spouse own together or individually.
Any debts you both have.
A duplicate of any protection orders, if any.

Hand Your Spouse the Forms

You must make sure your spouse is aware of the divorce proceedings. How to do that? Ensure that they receive all divorce documents in person. This procedure is known as ‘service.’ After the filing date, you need to complete the procedure within 120 days.

Your Spouse’s Response

Within 40 days of getting your papers, your spouse will send a filled-out form to you if he/ she agrees to the divorce. If he files a response, the divorce is no longer uncontested.

Schedule Your Case in Court

The next step is to schedule your case on the court’s calendar. You ought to complete the other necessary forms before your case hearing. You can file the required paperwork with the clerk once the lawyer ends it. They will issue a divorce decision if the judge gives the go-ahead.

Filing for Quick Divorce in New York with Children Under 21

If you have children under 21 years of age and you are going to file for a quick divorce, here’s what you need to do:

Verification that the Divorce is Uncontested

Legal processes in New York are very complicated when kids are involved. Before signing out the mountain of paperwork, it is better if both you and your spouse finalize the crucial matters of property, custody, and visitation.

A message that both you and your spouse sign and date could serve as a summary of your agreement.

Examine the Legal Documents and Guidelines

You must complete a document in New York to finalize an uncontested divorce with children. You can download these forms as Microsoft Word documents or as PDF files.

The state has also published a comprehensive training book explaining how to complete the forms field by field. Here is a list of documents you require for divorce with children under 21.

Summons with Notice or Summons and Complaint
Affirmation of Regularity (Form UD-5)
Affidavit of Plaintiff (Form UD-6)
Form UD-9 (3 copies)
Findings of Fact/Conclusions of Law (Form UD-10)
Judgment of Divorce (Form UD-11)
Part 130 Certification (Form UD-12)
Affidavit of Defendant (Form UD-7)
Certificate of Dissolution of Marriage
Postcard
USC 111 — Child Maintenance Claim form.

Complete the Worksheet on Child Support

Both parents must fill out a worksheet demonstrating that the children will receive appropriate assistance.

Additionally, parents sign a Medical Support Order saying they will provide the kids with employment and health insurance when available.

Notarize and Sign the Paperwork

You should sign most of the paperwork, some of it in front of a notary public. Additionally, there are spaces where your spouse can certify an uncontested divorce.

Even if you wrote in black when you prepared the documents, sign them in blue to indicate they are the originals.

Before Filing, Decide if Service is Required

Sometimes the defendant agrees to forgo service and accept the summons and complaint. Divorce with kids might be finalized more quickly than one without kids. If your spouse does not sign the papers, or you feel he/ she will cause problems, you can hire a server. It only makes matters easier.

For a divorce to finalize, the one filing the divorce must give notice of the action to your spouse, the respondent, or the defendant (the term depends on the state you are in.) The defendant must have legal notice of the proceeding and the right to express his/ her views. The defendant should be served with all the divorce papers; this process is known as ‘serving the divorce papers.’

To serve the papers, you can hire a professional process server. These professionals are trained to handle difficult people and know the rules concerning the matter.

Create a Divorce Calendar and Request an Index Number

Once you sign up all documents, you can file them in court. You will either pay the filing fees now or apply to have them waived. Bring the originals and two copies. The court will retain the sources, and each of you will receive one file-stamped copy.

Get Your Divorce Notice

If you need to be present at the court, inquire about the court clerk. You will receive the pre-filled postcard from your divorce package if the divorce is signed.

You can then pick up your divorce decree from the court clerk’s office at that time. Bring your identification documents, and be ready to shell out about $10. Bring a copy of your fee waiver order and document fees.

Filing for Quick Divorce with no Children Under 21

Here are the details of filing for a quick divorce without kids under 21.

Required Documents and Guidelines

Summons with Notice or Summons and Complaint
Affirmation of Regularity (Form UD-5)
Affidavit of Plaintiff (Form UD-6)
Form UD-9 (3 copies)
Findings of Fact/Conclusions of Law (Form UD-10)
Judgment of Divorce (Form UD-11)
Part 130 Certification (Form UD-12)
Affidavit of Defendant (Form UD-7)
Certificate of Dissolution of Marriage
Postcard

After completing all documents, you should follow the steps below for a quick divorce.

Pay for an Index Number

You can submit a Summons and Notice to obtain your index number and pay the required price. If you already have your court-issued index number, preparing your documentation will be quicker.

File Your Divorce Petition

The state of New York has an interactive online tool that creates a set of divorce documents suitable for court. You can submit your divorce petition easily as you get a complete set of prepared papers.

Sign the Divorce Papers

Moving on, both the parties must read and sign the documents once they obtain your divorce package. The petition must be signed in blue ink before a notary public to prove it is an authentic signature.

Get Your Divorce Notice

Most courts may approve your divorce by signature, particularly in counties with higher populations. You can pick up the decree at the court clerk’s office. Bring identification, and be prepared to shell out about $10. Bring a copy of your fee waiver order and your document fees.

How Quickly Can a Divorce be Finalized in New York?

It depends on the court’s workload and the speed with which your spouse returns the required paperwork to you. Courts notify uncontested divorces in six weeks in some cases. They can also take up to six months in others.

Cost of Filing a Quick Divorce

The cost of an index number is $210. You need to write the case index number on all documents you file. Total court and filing costs for an uncontested divorce cost at least $335.

Other expenses, such as the price of a lawyer, copies, notary costs, transportation, and mailing, are not included. You can get a cost waiver for the court fees if you are experiencing severe financial hardship.

FAQs

Can You Get a Divorce Without Going to Court in New York?

You must appear at the county’s New York State Supreme Court. The county Supreme Courts in New York State handle all divorce cases. However, the Family Court cannot issue a divorce; it may only determine child support or custody.

Can I Get Divorced Online in New York?

If both spouses agree on the terms, you can file for divorce online in New York to save time and money. Online divorce without an attorney is legal In New York.