How quick and simple is divorce process in New York City?

divorcecourse

New Member
Jurisdiction
New York
My wife and I have two children and have grown apart to the point we can't stand being around each other. Thankfully she realizes as much as I do that divorce lawyers will probably take everything we have left if we use them and that we aren't as bad when we aren't living together in the same place. We pretty much have things agreed between us such as dealing with the kids, each of us works, we have to move soon anyway so we could probably put it all on paper and get a divorce done. I see all sorts of ads on Google for divorces for like $159 or $179 and I am really skeptical of using any of these services. They also promise same day divorce. I thought you had to see a judge? It just seems like there will be strings attached that I don't know about and I don't know what value they add. Maybe they are just a form submitting service and we can do everything ourselves and they add nothing but some false peace of mind that we have experts helping us. Has anyone any experience with quick divorces? Thanks a lot.
 
I see all sorts of ads on Google for divorces for like $159 or $179 and I am really skeptical of using any of these services.

As you should be.


They also promise same day divorce.

That's not a thing anywhere in the U.S. I know there are some services that offer some sort of expedited service in some Caribbean country that doesn't have a residency requirement. Whether such a divorce would be recognized in the U.S. is questionable.


I thought you had to see a judge?

Generally, no.


Has anyone any experience with quick divorces?

My state (which is not NY) does not allow a divorce to be finalized for at least 6 months after it is filed. NY has no such waiting period, but that doesn't mean it'll be quick. For starters, the fact that you have kids (who are presumably still minors) will make this take longer than it would if you had no kids. The divorce papers will have to include provisions for custody, visitation and support, and you don't want to screw that up because those things can be fodder for expensive legal battles in the future.

I suggest you set up consultations with 2-3 local divorce attorneys. Explain that the two of you agree on everything, and you want it done as quickly and inexpensively as possible. Hire the one with whom you feel most comfortable.
 
I just peeked at the uncontested divorce packet forms and it is 110 pages! The description makes it sound simple and routine, but it seems a considerable amount of thought and effort are required even if you don't have children. I have to wonder whether a dispute may be generated even over the discussion of who sues whom to initiative the divorce.
 
My wife and I have two children and have grown apart to the point we can't stand being around each other. Thankfully she realizes as much as I do that divorce lawyers will probably take everything we have left if we use them and that we aren't as bad when we aren't living together in the same place. We pretty much have things agreed between us such as dealing with the kids, each of us works, we have to move soon anyway so we could probably put it all on paper and get a divorce done. I see all sorts of ads on Google for divorces for like $159 or $179 and I am really skeptical of using any of these services. They also promise same day divorce. I thought you had to see a judge? It just seems like there will be strings attached that I don't know about and I don't know what value they add. Maybe they are just a form submitting service and we can do everything ourselves and they add nothing but some false peace of mind that we have experts helping us. Has anyone any experience with quick divorces? Thanks a lot.

The State of New York claims you can do your own divorce, using their "represent yourself in court" kit.

Read all about it, the decide if it'll work for you, as your state overlords allege!!!!

Heck, your NY State Overlords will allow those bereft of sufficient filing fees and assorted court costs to file for FREE, YIPPEE!

NEW YORK State Overlords just want to help relieve the pain to increase your joy, at no, or Super Low Costs for those suffering financial stress!!!!


NYCourts.gov


Filing for an Uncontested Divorce

The person who starts the case is the Plaintiff. The other spouse is the Defendant.

Divorces can be complicated. It is always a good idea to speak with an attorney before starting a divorce case.


Preparing the Papers

If you are filing for an uncontested divorce, free forms are available for you to use:
In New York State the Supreme Court is the only court that handles divorce cases.


What to File

After the papers have been completed, signed and notarized, make two copies. You will need one copy for the Defendant and one copy for your own records.

File the following with the County Clerk's Office:
  • Summons with Notice or Summons and Complaint
  • Notice of Automatic Orders
  • Notice Concerning Continuation of Health Care Coverage
  • Settlement Agreement - if you have one. There is a $35 fee to file the agreement.
** The County Clerk may require additional forms and documents.


Where to File

File the papers with the County Clerk's Office. The County Clerk's Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. Check to see if you can do this on the e-filing County List.


The Filing Fee

An index number costs $210. The index number is the number for your case and should be written on all papers filed.

An uncontested divorce costs at least $335 in court filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

If you have an extreme financial hardship and can't file for a divorce without financial help, you can apply for a fee waiver for the court fees. Ask the clerk for more information.

Next Step

The Defendant (the person you want to divorce) must be told of the divorce case in person. This is called service.

Learn about Serving the Defendant in an Uncontested Divorce.

** This is a general information and may not apply to the county where you're filing your uncontested divorce case. Contact the Supreme Court in your county for more information.

Related Information:

 
Has anyone any experience with quick divorces?

No. I can honestly say that I only have experience with a slow divorce in NY.

While it is possible to get a divorce finalized in only months in NY, that's usually only if it's uncontested.

Unfortunately, you only have to disagree on one thing for it to be uncontested. "Pretty much have everything agreed" implies that there's something where you might have a disagreement, however slight. If you were truly amicable, you wouldn't be contemplating divorce ;) so how smoothly things go is unsure.

It is easy to say that you can minimize this by being flexible, but we all have our limits. If your limits are reasonable ones, in terms of divorce law, then you will get through this better. You have kids, so parenting time and child support could be sticking points.
 
Last edited:
Back
Top