The first thing you should do will be to ascertain that your spouse is not going to contest the divorce. How to Find a Competent Car Accident Lawyer? Hiring a lawyer will save you time, money, and irritating inconvenience by resolving all the issues of the marriage leaving you with peace of mind in knowing that the divorce was handled properly. Beware of form processing services that just process forms for you for cheap. The Filing Fee. If your divorce will be “uncontested,” meaning that your spouse will agree to the divorce, and the terms of the divorce (the free divorce forms contain no agreement to set forth the terms), then you can file an uncontested divorce without having to go to Court without a lawyer. One party to the divorce will surely lose the health insurance coverage after the divorce. Immediately you notify the court that you have completed this step, you are now officially divorced. In New York State, there are seven legally acceptable grounds for divorce. Don't Care, Share & Save. This is the most important document in any divorce, but it is not included because it does not fit the one size fits all model. NY Uncontested Divorce Instruction Manual. Make sure that you are clear about the coverage of your health insurance. If adultery, living apart from each other for over a year due to a court injunction arises, you can file. Filing for an uncontested divorce is … There is no divorce agreement in the forms. Nothing to it. On it's face this sounds good, but it is often difficult to master the procedural aspects of getting the papers through the system without being rejected. You will have to state the reasons for your divorce on the documents you are presenting to the state. New York State Provides free forms for people who wish to file there own uncontested divorce in NY. Every Divorce should have a divorce agreement that resolves all the issues of the marriage including Child Custody, Child Visitation, Child Support, Spousal Maintenance, and the division of Marital Property, so you don't wind up in Court in the future to fix unresolved issues. The index number is the number for your case and should be put on all papers filed. When you complete the above steps, you are almost through with filing for your divorce. First you should read the forty-four (44) page NY Uncontested Divorce Instruction Manual so you can determine whether you are willing and able to do the divorce yourself without the help of a lawyer. Such matters as child support, property division, child custody, spousal support, etc. Keep in mind that these forms are supposed to be accepted in all counties in NY, but each county may have different procedural rules on what forms are required. If there are chances for disagreement on all the matters regarding the divorce, it may not be possible. The Civil Practice Law and Rules (CPLR) contains about one-hundred articles and more than one-thousand sections that set forth the procedure for getting a civil lawsuit through the system. An uncontested divorce is a civil lawsuit, not just a series of DIY forms. Also, if there is an inhuman and cruel treatment or abandoning your spouse for over a year, you have the right. may cause issues. If your divorce case is straightforward, i.e. Furthermore, prison confinement for three or more years in succession or legal separation are all grounds for divorce. The State wants both parties to remember if either wants to file for a divorce without a lawyer. You can go through other methods or download the essential forms for an uncontested divorce on the State’s website. There is the need to show the court that your grounds for the divorce are legally acceptable. How to Evaluate Divorce Attorneys in Phoenix, AZ. Preparing the forms is a complicated process when you are using one size fits all forms with little or no knowledge of civil procedure in New York. you don’t … The short answer is of course, yes. Simply, fill out your entry form notice and mail it together with the signed final judgment by the court to your spouse. Then, decide on the grounds you are divorcing your spouse. DIY OR HIRE LAWYER? Conclusion. The following is a list of forms that will probably be required in every jurisdiction. First you should read the forty-four (44) page NY Uncontested Divorce Instruction Manual so you can determine whether you are willing and able to do the divorce yourself without the help of a lawyer. Checklist For A Car Accident – Do These 3 Things After a Crash, 5 Tips On How To Hire The Best Personal Injury Attorney. Fill out the necessary form. They are cheap for a reason. If there is any part of these matters that your spouse contests, it may lead to a court hearing. Your email address will not be published. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. In the State of New York, both spouses must be aware of the consequences of the divorce to their health insurance coverage. By that time, the court must have carried out the final judgment on your divorce. If so, you can download the Free NY Uncontested Divorce Forms and hand write each form according to the directions and submit them to the clerk and court as instructed. After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce. Check to see if you can do this on the e-filing County List. DIY New York Divorce. After the signing of the forms by both parties, file the forms with the county clerk where either of you resides. An index number costs $210. 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