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How to Get an Online Divorce in New York: Tips and FAQ

An unhappy couple sitting on a New York park bench, considering a divorce.

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Getting a divorce can be a stressful process. Preparing and completing the paperwork doesn’t have to be. If you’re getting a divorce in New York, your best option might be an online divorce. NY makes it easy and fast.

Here, we will learn what an online divorce is, what the NY requirements are for it, how it works, and how fast it takes. Choosing the best option for your unique circumstances will help you minimize the stress and expense that often come with a divorce.

What Is an Online Divorce?

An online divorce is a fast-tracked and efficient means of ending your marriage in New York. All the paperwork for filing with the court is done online. You still have to file them with the county courthouse, but you don’t have to go to a lawyer to get that done. Having a DIY divorce is legal in New York and, in some instances, easier. A favorable option if you have a relatively easy case would be to combine DIY ‘pro se’ representation with an online divorce.

One of the major advantages is that the online service often takes just two business days to complete. Compared to an attorney, this quick turnaround ensures that you get the fastest process for your money.

Online Divorce: NY Requirements

There are specific requirements you need to satisfy in order to qualify for an online divorce in the state. Although each applicant must fill out a questionnaire to ensure that they are a good fit for online divorce, the requirements primarily include:

Residency

One of the spouses needs to have lived in New York for more than two years. This requirement reduces to one year in the case that:

  • The couple got married in the state and one spouse still lives in New York
  • The couple lived in the state during their marriage and one spouse remains a resident or
  • The grounds for the divorce happened in New York

Uncontested Divorce

In order to expedite the online divorce service, you and your spouse must agree that your divorce is ‘uncontested.’ This means both of you are in agreement about the significant terms of the divorce, such as spousal and child support, child custody, and division of property and assets. If you need the help of an expert to better arrive at the terms of an uncontested divorce, considerhiring a mediator to make the transition to mutual agreement more pleasant.

Online Divorce: NY Grounds for Divorce

Since 2010, New York has been a ‘no-fault’ divorce state, which means that no one has to prove that there was wrongdoing in the divorce. It is simply enough to say that the dissolution of marriage occurred through ‘irreconcilable differences.’ As such, this lesser requirement does not exhaust as many emotional or financial resources by lowering the bar of proof.

How Does Online Divorce Work in New York?

A divorce online is a straightforward procedure in New York. The step-by-step process for completing an online divorce is:

  1. Qualify for an online divorce. The online company will ask you a number of preliminary questions regarding your marital situation and divorce intentions to ensure that you’re qualified for their service
  2. Answer the questionnaire. Respond to the questions to determine the types of forms you require concerning your marital assets and debts, as well as custody and child support
  3. Retrieve your documents. Receive your paperwork for filing with the court within a couple business days
  4. File your paperwork. Submit your completed papers with the courthouse

Online Divorce: NY Timescale

It typically takes 8–12 months to file an uncontested divorce in New York. However, depending on the complexity of the matter, it could take somewhat longer. As long as an uncontested divorce remains uncontested, you are on the faster track for a divorce in New York.

Is a NY Online Divorce Your Best Choice?

Getting a divorce can be a complicated process. If it’s uncontested, and you have a fairly straightforward case where you and your spouse concur on all the material terms, using an online service might work. If your case is more complex, or if you and your partner cannot agree to the necessary terms, the traditional attorney route might be better for you. Whatever your choice, ensure that you get the best representation for your case and do your utmost to streamline the process if you can.

Thinking About Getting an Online Divorce, NY-style? Consider Speaking with an Expert Today

If you are wondering whether an online divorce in NY is right for you, consider speaking with a professional today to determine your best option.

Disclaimer

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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