Before starting

You must satisfy the residency requirement and have grounds for a divorce-a valid reason—before you may petition for divorce in New York State.
You will only be able to obtain a divorce in New York State if you meet these standards.
Before you file for divorce, the Family Court can assist you with custody, visitation, and child support if you have children under the age of 21.



STEP 1: Filing

A divorce case is officially initiated when a "Summons With Notice" or "Summons with Complaint" are submitted to the county clerk's office. In some courts, the Plaintiff can use NYSCEF, the New York State Courts Electronic Filing system, to submit the paperwork online. Check the County List for e-filing.
• The Plaintiff is the party who initiates the divorce process. The defendant is the spouse (the husband or woman the Plaintiff seeks to divorce).
• An index number requires a $210 filing fee. The case number is the index number.
• You can apply for a Fee Waiver of the court fees if you are in severe financial need and cannot file for divorce without assistance. Inquire for further information from the clerk.
• If you have a Settlement Agreement, you should file it along with your divorce petition.
• Ask the Supreme Court Clerk's Office for more details about alternative services if you need to know where your spouse is.
• You can use the DIY Uncontested Divorce Program to create your documents if your marriage has been broken off for at least six months and you don't have children under the age of twenty-one.
To file for an uncontested divorce, read more.

STEP 2: Supporting the defendant

The Plaintiff must personally inform the defendant (the husband or wife they wish to divorce) of the divorce action. This is accomplished by personally serving the defendant with the "Summons With Notice" or "Summons with Complaint" and accompanying documents. This is what service is.
Ask the Supreme Court Clerk's Office for more details about alternative services if you need to know where your spouse is.
• To serve Defendant, Plaintiff has 120 days from the date the "Summons With Notice" or "Summons and Complaint" were filed with the County Clerk.
• Plaintiff cannot serve the defendant. The Plaintiff must request assistance from someone at least 18 years old.
• An "Affidavit of Service" needs to be completed by the person who served the defendant. This demonstrates that the documents were delivered correctly to the defendant.
Finding the Defendant in an Uncontested Divorce: More Information

ACTION 3: Defendant's Reply

After being served, the defendant will reply in one of three ways:
• Defendant responds. This indicates that the defendant will serve Plaintiff with the "Answer" filed with the Supreme Court. The divorce is currently in dispute. At this time, you should seek legal counsel to gain guidance.
• The "Affidavit of Defendant" is signed by the defendant. In this form, the defendant consents to the divorce and waives any objections to the demands made in the "Summons With Notice" or "Summons with Complaint." Go to Calendaring in Step 4.
• Defendant does not comment at all. Defendant has thus defaulted, according to this. Go to Calendaring in Step 4.
The Defendant's Reaction in an Uncontested Divorce: More Information

SECTION 4: Calendaring

The remainder of the uncontested divorce paperwork, including the "Note of Issue" form, should be completed if the defendant signs the "Affidavit of Defendant" or defaults.
• These documents are submitted either at the Supreme Court Clerk's Office or the County Clerk's Office, depending on the county.
• Wait 40 days from the day the defendant was served if the defendant defaulted, then file the remaining papers with the county clerk.
• The other paperwork could be submitted to the County Clerk immediately if the defendant signed the "Affidavit of Defendant."
• The entire filing cost is $125.
• If you don't have any children under the age of 21 and the "Summons With Notice" or "Summons and Complaint" stated that the divorce was being sought due to an "irretrievable breakdown in a relationship," you can utilize the DIY Uncontested Divorce Program to create the remaining documents.
Find out more information on scheduling an uncontested divorce case.


ACTION 5: Judgment

The judge will sign the divorce judgment if it is granted. A copy of the duly signed Judgment must be supplied to the defendant.
• The Judgment may be mailed to you or available for pick-up, depending on the county.
• The County Clerk's Office must receive the Judgment. You should do this. Inquire the Supreme Court for more details.
• A copy of the Judgment must be delivered to the defendant, and another "Affidavit of Service" must be filled out.
The Judgment in an Uncontested Divorce: More Information


Important Links

Divorce and Social Media= https://webseo.mystrikingly.com/blog/divorce-and-social-media-a-dangerous-path
How To Hire The Right Divorce Attorney= https://webseo.mystrikingly.com/blog/some-questions-you-should-ask-a-divorce-attorney-before-hiring-them