Divorce Papers in NY—Everything You Need To Know

Divorce Settlement Agreement Divorce Papers in NY—Everything You Need To Know

Find Out What Divorce Papers in NY You Need and How To Prepare Them

Ending a marriage is one of the most stressful events in a person’s life. It can also be pricey! If you want to get a divorce without a lawyer, you should familiarize yourself with your state laws and requirements regarding the matter. You should also learn about the paperwork you’ll need to finalize your divorce.

In this article, we’ll provide all the information you need about divorce papers in NY and show you how to create a marital settlement agreement in three easy steps!

All About a DIY Divorce in NY

DIY divorces are a great money-saving option if you and your spouse can agree on certain important issues, such as:

  • Alimony
  • Child custody
  • Debt and property division

You should keep in mind that even if you and your spouse agree on children-related issues, they still have to be regulated in court.

To get an uncontested divorce in New York State, you have to meet certain requirements:

  • You and your wife or husband must be over 18 years old
  • The marriage has been over for at least six months prior to petitioning and cannot be restored
  • You’ve settled all marital property issues (including debt)

Once you confirm you’re eligible for a friendly divorce, you can commence the process. Here’s what you need to do:

  1. Gather and sign the uncontested divorce forms
  2. Get your court fees waived if you’re eligible
  3. Make copies of documents for the plaintiff (you), the defendant (your spouse), and the court

What New York State Divorce Forms Do I Need?

In the table below, you can find all the papers you need to obtain an uncontested divorce in the State of New York:

General FormsSupplemental Appendix of Forms
  • Notice of Automatic Orders
  • Notice of Guideline Maintenance—for petitions started on or after January 25, 2016
  • Notice Concerning Continuation of Health Care Coverage
  • Summons With Notice (UD-1) or Summons (to be served with Verified Complaint) (UD-1a)
  • Verified Complaint (UD-2)
  • Affidavit of Service (UD-3)
  • Sworn Statement of Removal of Barriers to Remarriage (UD-4)
  • Affidavit of Service (UD-4a)
  • Affirmation (affidavit) of Regularity (UD-5)
  • Affidavit of Plaintiff (UD-6)
  • Affidavit of Defendant (UD-7)
  • Annual Income Worksheet (UD-8(1))
  • Maintenance Guidelines Worksheet (UD-8(2))—for petitions started on or after January 25, 2016
  • Child Support Worksheet (UD-8(3))
  • Support Collection Unit Information Sheet (UD-8a)
  • Qualified Medical Child Support Order ("QMCSO") (UD-8b)
  • Note of Issue (UD-9)
  • Findings of Fact/Conclusions of Law (UD-10)
  • Judgment of Divorce (UD-11)
  • Part 130 Certification (UD-12)
  • Request for Judicial Intervention ("RJI") (UD-13)
  • Addendum (840M)
  • Notice of Entry (UD-14)
  • Affidavit of Service of Judgment of Divorce
  • Certificate of Dissolution of Marriage
  • Self-Addressed and Stamped Postcard
  • Divorce and Child Support Summary Form (UCS-111)
  • Income Withholding Order and Applying for Child Support Services
    • Application for Child Support Services (LDSS-5143) or Short Form Application for Child Support Services
    • Income Withholding Order Form for Child Support and Combined Child and Spousal Support (LDSS-5037)—Non-IV-D IWO
    • Income Withholding Order Form for Spousal Support Only (LDSS-5038)—Spousal Support Only IWO
    • Income Withholding for Support: General Information and Instructions for Issuing (LDSS-5039)
  • New York State Case Registry Filing Form with instructions attached
  • Notice of Settlement
  • Poor Person Order
  • Affidavit in Support of Application To Proceed as a Poor Person
  • Affidavit of Service of Proposed Poor Person’s Order
  • DRL 255 Addendum

How To Get Divorce Papers in NY State

The New York State Unified Court System offers a packet of documents for anyone who opts for a DIY uncontested divorce. In this packet, you get all of the necessary forms in PDF format, and some even come with instructions on how to fill them out.

What Should I Do After Preparing My New York State Divorce Papers?

Once you prepare and fill out all the documents, here’s what you should do:

  1. File the forms—You can file divorce documents in NY in two ways:
    1. With the local clerk office in your county once you pay the fee (unless you qualify for a court fee waiver)
    2. Online using the New York State Courts Electronic Filing system (NYSCEF)
  2. Serve your spouse—You have 120 days to serve your spouse with the divorce papers. There are two ways to do it—you can:
    1. Serve them yourself
    2. Have someone else (over 18 years old) serve them

To complete the process, there’s only one step left—making a settlement agreement. If you’re hoping for a low-cost divorce, you might want to avoid hiring a lawyer. Another option is to download a template, but writing this important document by yourself is risky. Fortunately, we can make it for you—register for DoNotPay to get this crucial divorce paper stress-free!

Use DoNotPay To Draft a Divorce Settlement Agreement in a Breeze!

Filing for divorce is a stressful and complicated task—DoNotPay is here to make it easier. With our handy feature, you get a personalized divorce settlement agreement effortlessly and in no time! Here’s how:

  1. Access DoNotPay
  2. Choose the Divorce Settlement Agreement product
  3. Provide information about your spouse, children (if any), and financial assets

You will receive your divorce settlement agreement that covers all the important information about your situation. Let us know if you need help getting this document notarized, and we’ll connect you with a notary fast!

Need more divorce-related information? Browse our learning center to find answers to questions such as:

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