The New York State Unified Court System provides a comprehensive guide for individuals looking to understand and navigate the process of an uncontested divorce. This invaluable resource, aimed at divorces without children under 21, simplifies the journey by offering instructions along with official practice forms, all available free of charge through New York courts' websites or at local Supreme Court Clerk's Offices. The booklet meticulously guides individuals through every step of the process, from the initial considerations of age, residency, and grounds for divorce, to the complexities of financial and property division without the direct assistance of a lawyer. It emphasizes the importance of safety, financial stability, and fair property division post-divorce, highlighting key considerations such as orders of protection, maintenance, health insurance, and the division of shared assets and debts. Furthermore, it addresses retirement plans and the potential share one might claim upon divorcing, ensuring readers are well-informed about their rights and the procedures ahead. This guide is not just a pathway to legally end a marriage but a comprehensive tool designed to assist individuals in navigating the legal, financial, and emotional aspects of divorce with or without legal representation.
| Question | Answer |
|---|---|
| Form Name | Ny Uncontested Form |
| Form Length | 78 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 19 min 30 sec |
| Other names | divorce forms ny, ny state divorce forms, file a divorce ny, ny divorce forms |
Uncontested
Divorce
Booklet
FOR UNCONTESTED DIVORCES WITHOUT CHILDREN UNDER 21
INSTRUCTIONS AND PRACTICE FORMS
New York State Unified Court System
This instruction booklet and official divorce forms are FREE.
If you need additional forms, please go to www.nycourts.gov or www.nycourthelp.gov
or to your local Supreme Court ClerkÕs Office.
Copyright© New York State Unified Court System
Uncontested Divorce Booklet
FOR UNCONTESTED DIVORCES WITHOUT CHILDREN UNDER 21
INSTRUCTIONS AND PRACTICE FORMS
New York State Unified Court System
Copyright© New York State Unified Court System
Contents
Getting Started
Staying On Track
Introduction:
Step 1: |
Opening Questions |
|
• Age |
|
• Residency |
|
• Grounds for Divorce |
Step 2: |
How Much Will It Cost Without a Lawyer? |
Step 3: |
Filling Out a Summons With Notice (Form |
Step 4: |
Filing the Summons With Notice (Form |
Step 5: |
Serving the Summons With Notice (Form |
Step 6: What To Do After Service of the Summons With Notice
Step 7: Filling Out a Verified Complaint (Form
Step 8: Answers and Settlement Agreements
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23
26
29
33
37
Completing the Divorce
Step 9: |
Filling Out and Serving a Sworn Statement of |
39 |
|
Removal of Barriers to Remarriage (Form |
|
Step 10: |
Filling Out the Affidavit of Regularity (Form |
43 |
Step 11: |
Filling Out the Affidavit of Plaintiff (Form |
46 |
Step 12: |
Filling Out the Note of Issue (Form |
52 |
Step 13: |
Filling Out the Request for Judicial Intervention |
54 |
|
(Form |
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Step 14: |
Filling Out Findings of Fact and Conclusions of Law |
56 |
|
(Form |
|
Step 15: |
Filling Out the Judgment of Divorce (Form |
60 |
Step 16: |
Filling Out the Part 130 Certification (Form |
68 |
Step 17: |
Filling Out the Court Notification |
69 |
Step 18: |
Filling Out the Certificate of Dissolution of Marriage |
71 |
Step 19: |
Taking the Papers to Court |
72 |
Step 20: |
Filling Out the Notice of Entry (Form |
75 |
Step 21: |
Serving and Filing the Notice of Entry |
77 |
Practice Forms: |
79 |
|
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Introduction
You can use this booklet if:
•you want to start a divorce from a spouse (the person to whom you are married) and you believe that your spouse will not oppose the divorce in any way (an uncontested divorce);
•you and your spouse do not have any children together under 21 years old and none are expected during the divorce;
•you will be doing the divorce without a lawyer.
Please keep in mind that while this booklet can help you do your divorce without a lawyer, there can be a lot more to think about than just ending the marriage between you and your spouse and filling out court papers.
For example:
Do you need an order of protection to help keep you safe from your spouse after the divorce?
Do you need continued financial support (maintenance) from your spouse after the divorce? Do you need health insurance?
If you and your spouse owned things together and/or owe money together, how should the property and debts be divided in the divorce?
Does your spouse have a pension or other financial retirement plan? Can you share in it if you divorce?
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A lawyer can help you think through these and other important issues and take the legal steps to get you what you want. We strongly suggest that you give serious thought to using a lawyer for your divorce.
If you are unsure how to find a lawyer, these resources can help you find one:
•Go to www.lawhelp.ORG/ny if you cannot afford a lawyer;
•Call the New York State Bar Association Lawyer Referral Service (toll free) at
•Go to www.nycourthelp.gov and click on “Lawyers”;
•Go to www.nycourts.gov/attorneys/nybarassociations.shtml;
•Ask at any courthouse about lawyer referral services.
In this booklet you will find the main court forms needed for getting a divorce; help with filling out the forms; and instructions for doing the other things you will need to do to get your divorce.
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The booklet has two parts — this Instructions Section and a Practice Forms Set.
If you are using the booklet, you should already have a set of Official Forms for your divorce case that were given to you with the booklet or that you obtained earlier. For each divorce form, please use the instructions to fill out a Practice Form first. When you are satisfied that the Practice Form is correct, copy your answers to the Official Form.
If you do not yet have a set of Official Forms, you can get them free at your county’s Supreme Court or by downloading them from www.nycourthelp.gov or www.nycourts.gov/forms/index.shtml.
If you have decided not to use a lawyer and to continue with this booklet, please read and completely finish only one step at a time. Reading ahead or going out of order can be confusing.
Ready to start? Please go to Step One.
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Step 1:
Opening Questions
Steps One through Five are about starting your divorce.
In these steps you will find out if New York State law allows your divorce at this time and, if so, how to fill out the papers that start the divorce and get them to your spouse.
In Step One you will answer several questions to see if you can start a New York State divorce case.
How old are you?
If you are at least 18, you can continue with this booklet.
If you are under 18, do not continue with this booklet. Talk with a lawyer about your situation.
Can you answer “Yes” to at least one of the following three questions?
1)Are you or your spouse now living in New York State, and have you lived in New York State for the last two years?
2)Are you or your spouse now living in New York State, have you lived in New York State for the last year, and is at least one of the following also true?
•your marriage ceremony was performed in New York State; or
•you lived in New York State with your spouse as husband and wife; or
•the “grounds” for your divorce happened in New York (“grounds” means a legal reason for divorce).
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3)Do you and your spouse currently live in New York State (no matter how long) and your grounds for divorce happened in New York?
If you answered “Yes” to any one of those three questions, you may continue with this booklet.
If you could not answer “Yes” to any one of those three questions, you cannot start a New York State divorce at this time. Do not continue with this booklet. Talk with a lawyer about your situation.
Do you have grounds for divorce?
Next you will read about the six New York State divorce grounds. (Remember that “grounds” means a legal reason for divorce.)
After reading, if you believe you have at least one of these six grounds for divorce, continue with this booklet.
If you are not sure, do not continue with the booklet. Talk with a lawyer about your situation.
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Ground #1: Abandonment
Please answer the following three questions:
•Did your spouse move out of the marital home at least one year ago and not move back – without any good reason and without your agreeing to it?
•Even if your spouse is still living in the marital home, has your spouse refused to have sexual relations with you for at least one year, without good reason and without you agreeing to it, even though you have continued to ask your spouse to have sexual
relations with you?
•Has your spouse refused to let you into the marital home for at least one year, without good reason and without you agreeing to it, even though you have continued to ask your spouse to let you into the home?
If you answered “Yes” to any one of the three questions , you can ask for a New York State divorce on the Abandonment ground.
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