2024 How to File for Divorce in New York Without a Lawyer?

Many people wonder how to file for divorce in New York without a lawyer. A New York divorce case can contain different complexities and circumstances with each case, and divorce law can be complicated and difficult to navigate. It is generally a wise idea to consult with a qualified family attorney for all divorce-related questions.

The biggest factor determining if you will need the help of a family attorney is whether or not the divorce will be contested or uncontested. In a contested divorce, the spouses cannot agree on the terms of the divorce agreement. In these situations, an attorney is always recommended, especially if the other spouse engages legal counsel.

In an uncontested divorce, both spouses come to an agreement on all of the terms of the divorce agreement. Therefore, it is less likely that attorneys are needed to be involved in the divorce proceeding. However, it is still recommended to hire a lawyer, as your divorce could become contentious, or your divorce agreement could prove unfair.

Filing for a Divorce in New York

To file for a divorce in New York, the first step is to draft a written legal divorce agreement. It is highly recommended that you have an experienced family law attorney prepare the agreement so that it meets all of the necessary legal requirements under New York state law.

It should be noted that there are certain situations in which legal separation is required for up to one year before you can file for divorce. Again, it is recommended that you engage the help of an experienced attorney to review your situation and discuss your options.

After the divorce agreement is created, it is to be signed by both spouses and notarized. If the divorce is expected to be uncontested, a uniform uncontested divorce packet will also be required. This can be obtained from the county clerk’s office. Once the proper documents have been collected and signed, the spouse must be served the necessary papers. You should check with the county clerk to ensure which papers need to be served to the spouse.

Once the spouse has been served the necessary paperwork, they have thirty days to issue their response. If the spouse agrees to the terms of the divorce, then they will need to complete and sign the Affidavit of Defendant, also known as Form UD-7, and send it back to you. If this is not returned to you in the proper time, you could request a divorce by default. This would request that the judge rule in favor of the divorce without the input of the unresponsive spouse.

Judge Ruling

Once all documents have been served and the responses from all parties have been collected, the final step is to schedule a time to present the forms before a judge. The judge will review all of the relevant documents and issue a judgment. With an uncontested divorce, a judge will likely grant the divorce with no issue. As noted earlier, a New York divorce attorney can provide quality advice and direction on how to properly navigate the steps to filing for a divorce in New York.

FAQs

Q: Can You Get Divorced Without a Lawyer in New York?

A: Yes, you can file for divorce without a lawyer in New York, but it is not recommended. This can be done by filing the divorce papers with the necessary court. In instances in which there are no children under 21, the DUI uncontested divorce program can be used to file the divorce papers. If there are children under 21, the paper uncontested divorce packet can be used. In cases in which the divorce is contested, it is particularly recommended to engage the counsel of a qualified divorce attorney.

Q: What Is the Fastest Way to Get a Divorce in New York?

A: The fastest way for a divorce to be finalized in the state of New York is for the divorce to be uncontested. Also, if the divorcing couple can demonstrate that they have had irreconcilable marital issues that have lasted over six months, the divorce could be finalized without any lawyers, court hearings, or battles. Given that both parties agree to the divorce and cite the differences, the divorce can be finalized in roughly six weeks.

Q: How Do I Get a Divorce With No Money in New York?

A: There are a couple of scenarios in which you can divorce with minimal to no costs. One way is to file an uncontested divorce using the free forms available from the uncontested divorce program. You may only be subject to the court filing fees associated with the court. Another way is to apply for a fee waiver to request all court fees to be waived. To qualify for the fee waiver, you will most likely have to demonstrate that you are experiencing an extreme financial hardship.

Q: Where Do I Go to Get Divorce Papers in New York?

A: The county clerk’s office can provide divorce papers in the state of New York. Note that the papers and any copies of the papers can only be obtained by one of the spouses or by the attorney representing the respective spouses. The county clerk’s office is also where the applicable court filing fees will be paid. The filing fee for an uncontested divorce is generally about $335. This is a flat fee and does not include any attorney fees, notary fees, processing, transportation, or mailing costs.

Trotto Law Firm, P.C.: A Law Firm You Can Trust

Trotto Law Firm, P.C., understands the difficulty in divorce proceedings. Whether it involves filing divorce papers, coordinating with the other spouse, or preparing to go before a judge, the whole process can quickly become overwhelming and require significant coordination efforts.

There could be immediate financial benefits to processing a divorce without the help of a qualified family law attorney. However, engaging the assistance of an experienced legal team could provide valuable insight and prevent an unfavorable divorce agreement.

Proper legal counsel can help you understand and feel confident in finalizing your divorce. Divorce is a serious matter, and it can be extremely difficult to reverse the divorce agreement. It is vitally important that the divorce agreement is appropriately drafted and that the terms are favorable to you. Contact our legal team to see if having an attorney review your divorce agreement would be beneficial to you in your divorce case.