An uncontested divorce is where both spouses can reach a decision as to the terms of the divorce: grounds for the divorce, custody of the children, visitation rights, child support, spousal support, and equitable division of marital property. Uncontested divorces often move more quickly through the courts and are less expensive than contested divorces.

A divorce is the legal dissolution of a marriage by a court. An annulment is a declaration that a marriage is invalid. Unlike a divorce that dissolves a valid marriage, an annulment establishes that the marriage is not legally valid. If you would like to file for an annulment, you will need to consult with a licensed attorney as Divorce Yourself does not provide this service.

A separation agreement is an agreement between you and your spouse in which you agree to live separately and apart but you are still legally married. A separation agreement may address matters including but not limited to the rights of the parties, division of marital property, maintenance, custody, and child support.

Note: You do not need to be legally separated before filing for a divorce in New York State.

Not necessarily. In many cases, an uncontested divorce can be handled by the individual seeking the divorce. In New York State, if both parties are in agreement on divorcing, then you do not need an attorney to prepare or file your divorce.

No, Divorce Yourself does not provide legal advice as we are not attorneys. We are document preparation service only. Any information given to our clients as to the service or filing of divorce documents is general in scope and is based upon common knowledge of what is required to file an uncontested divorce in New York State. If you need legal advice, you should speak with a licensed attorney.

To file for a divorce in New York you must satisfy one of the following residency requirements:

1. You or your spouse must have been living in New York State for a continuous period of at least two years immediately before the date you start your divorce action; OR

2. You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true: a) Your marriage ceremony was performed in New York State; OR b) You lived in New York State with your spouse as married persons; OR

3. You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR

4. You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce).

Yes, you can file for a divorce even if your spouse lives outside of New York State, just as long as you meet one of the New York State residency requirements listed above.

If your spouse resides outside of the United States, you may be able to file for an uncontested divorce with Divorce Yourself (depending on the country in which they reside) but you will still need to meet one of the New York State residency requirements. Contact us if your spouse lives outside of the U.S. and we can determine if you will be eligible to use our service.

New York allows both “no-fault” and “fault-based” divorces. When you file for a no-fault divorce, you do not have to prove that your spouse was at fault for ending the marriage. 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, or incarceration.

A no-fault divorce can be any of the following:

1. Irretrievable breakdown of the marriage: the marriage has been irretrievably broken for at least six months.
2. Separation under a decree or judgment of separation: the spouses must have lived separate and apart for at least a year after a court granted a decree of judgment of separation.
3. Separation under a written separation agreement: the spouses must have lived separately and apart for at least a year after signing a written separation agreement.

At Divorce Yourself, we don’t typically do fault-based divorces as they can be very hard to prove. We typically only do no-fault divorces, most commonly: the irretrievable breakdown of the marriage.

Your spouse does not have to sign papers agreeing to the divorce for the divorce to be considered uncontested. However, if your spouse does not want to sign then your spouse will need to be served. If after being served, your spouse does not contest the divorce in any way, the divorce is still considered uncontested, and you can proceed with the divorce without their signature. Call us to find out more about this option.

Your spouse is not legally required to sign the divorce documents. However, the process will go faster if your spouse signs the necessary divorce documents.

We may be able to prepare divorce documents on your behalf without your spouse’s signature. Please contact us if your spouse is unwilling to cooperate to find out if we can assist you.

You may use Divorce Yourself as long as you have an uncontested divorce, and you meet the state’s residency requirement.

Divorce Yourself can also help if you aren’t ready to file for divorce but would rather prepare a separation agreement. Call us if you are unsure and we can help to determine which option might be better for you and if you are eligible to use Divorce Yourself.

If you and your spouse can’t agree on everything in your divorce, that doesn’t necessarily mean that you can’t use Divorce Yourself. A licensed mediator can help you to resolve your disagreements. After you’ve completed mediation, then you can use Divorce Yourself to prepare your divorce agreement/divorce paperwork. Call us for a referral to a licensed mediator.

If you and your spouse can’t agree on everything in your divorce, that doesn’t necessarily mean that you can’t use Divorce Yourself. A licensed mediator can help you to resolve your disagreements. After you’ve completed mediation, then you can use Divorce Yourself to prepare your divorce agreement/divorce paperwork. Call us for a referral to a licensed mediator.

New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Complaint. To serve your spouse in any other manner, you must get permission from the court. Currently, Divorce Yourself is not able to prepare your divorce if you are unable to locate your spouse.

New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Complaint. To serve your spouse in any other manner, you must get permission from the court. Currently, Divorce Yourself is not able to prepare your divorce if you are unable to locate your spouse.

Yes, you can use Divorce Yourself even if you have minor children as long as you both can agree on all of the matters related to your children, including legal and physical custody, a parenting/visitation schedule, child support, etc. Divorce Yourself can help you to address these matters in your divorce agreement.

In New York, both parents have an obligation to support their children. New York has child support guidelines for calculating how much support parents should pay, based on incomes and custody arrangements.

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.

If both parties are in agreement on paying and/or receiving spousal support than you’ll just need to agree on the specifics of alimony payments: who will pay, how much, and for how long. New York has spousal support guidelines for calculating how much support should paid, based on incomes and length of the marriage.

You and your spouse may agree to an amount of supposal support that differs from the guideline amount, but the judge will review your agreement to determine if the amount of support is in both parties best interest.

When you fill out our questionnaire, you’ll answer a series of questions about your property, assets, and debts, including how you’ll divide marital property and allocate responsibility for payment of the marital debts, etc.

With over 40 years’ experience completing thousands of uncontested divorces across New York State, we have made the process easy, fast, & affordable for you. You simply fill out our easy-to-follow questionnaire, return it to us, and we provide the necessary documents with step-by-step instructions for filing your divorce. Most importantly, we are available to meet with you in person and can guide you every step of the way. If it is not convenient to meet in person, we can also able complete your divorce remotely without you ever having to come into our office.

Since Divorce Yourself is not a law firm and cannot provide legal advice, we can keep our service affordable by simply preparing documents and providing easy-to-follow instructions. We are also here with you throughout the process to assist and help get you to the finish line.

No, Divorce Yourself is a document-preparation service and does not offer any legal counsel or attorney review. Divorce Yourself has prepared thousands of divorce documents throughout the years so you can be rest assured that your divorce will be prepared competently based on the information you provide.

Should you have any questions regarding language contained in the divorce documents or other legal questions, you should always consult with a qualified attorney that can provide legal advice specific to your situation.

New York State court/filing fees are $335. This fee is paid about half-way through the divorce process. You do not need to pay it up front. Divorce Yourself does not collect this fee but we will let you know when and where to pay this fee.

If you are getting public benefits, are a low-income person (typically under $18,000 per year), or do not have enough money to pay for your household’s basic needs and your court fees, you can ask the court for a “fee waiver.”

If you are approved for the fee waiver, you will not have to pay the New York state filing/court costs for the divorce. Divorce Yourself can assist you with the necessary paperwork that needs to be completed to seek the waiver from New York State. Contact us to see if you might qualify.

Divorce Yourself provides unlimited, live, person-to-person support for our clients. If you have any questions about your paperwork or the process, call us at (585) 235-6850, Monday through Friday from 9 am to 5 pm (Eastern Time).

Please keep in mind that we are not lawyers and cannot give legal advice. If you have questions about New York law or need legal advice, we recommend that you contact a licensed attorney in your area.

This really depends on you. The faster you complete our questionnaire and return it to us, the sooner your divorce will be complete. Typically, divorces are completed in 8-12 weeks, but many are done faster.

Call us to schedule an appointment to come in to get started. If you prefer not to meet in person, you can purchase the divorce kit right here on our website under the “Purchase Kits” tab, and we will mail out the initial questionnaire to you to get started.

Yes, we do offer a paid option for faster turnarounds so that you can receive your ready-to-file divorce documents within three (3) business days.

NOTE: we cannot expedite your divorce once it is in the possession of the Court.

Yes, once the divorce is final, you’ll be able to change your name back if you desire.

Copies of divorce judgments or other written orders in divorce cases can be obtained from the County Clerk in the county in which your divorce was filed. Copies of divorce documents can only be obtained by one of the parties or an attorney who is representing one of the parties. Divorce records are not open to public inspection.

If you know you were divorced in New York, but cannot remember in which county, contact the County Clerk of the county where you were living at the time of the divorce, or try the County Clerks of neighboring counties. If you are unsuccessful, you might be able to get a divorce certificate from the New York State Department of Health.