Uncontested Divorce

 

di·vorce forms
pronunciation:
/do it yourself/
noun
1. forms you use to file for a divorce.
Where do you get divorce forms?
Many state courts provide divorce forms for free on their websites or at the courthouse! Often, the forms you buy from third parties are the exact same forms or similar to those that are provided for free!

 

When should I use divorce forms?

If you have a lawyer, you should always consult him or her for legal advice. Often, people who have an uncontested divorce use divorce forms to file for a divorce. Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce, you may want to seek legal advice from a lawyer.

find divorce forms online

Click any of the links to learn more! We will be updating this page in the future. Stay tuned!

New York Divorce Forms

Click here to go to the State Courts Divorce Form site 

Click here to get New York State Uncontested Divorce Forms 

Click here for Uncontested Divorce Forms (with Children under 21) 

Divorce in your county

New York Court Rules for divorce cases 

New York Do It Yourself Uncontested Divorce Program

New York Contested Divorce Forms

HOW TO FIND OUT IF YOUR DIVORCE HAS BEEN SIGNED BY THE JUDGE

How long does a New York City Divorce Take? 

Where Can I get a Divorce in New York State?



Learn more about divorce law:

What is a divorce?

What is an uncontested divorce? 

What is a contested divorce?

What is an annulment? 

What are the reasons you can get divorced? 

Am I Divorced Yet?

Still confused?

New York has Help Centers that run a volunteer clinic to assist eligible people in getting an uncontested divorce:

Click here for State Help Center information

Click here for information on the Volunteer Law Clinic for Uncontested Divorces

Click here for information on the New York State Uncontested Divorce Program

Child Support in New York:

CLICK HERE FOR NEW YORK STATE CHILD SUPPORT INFORMATION
Child Support Enforcement by State
 

If you are looking to hire a New York Divorce Lawyer:

Oeser-Sweat, P.C.*

99 Madison Avenue, 5th Floor

New York, New York 10016

212-675-7955

*By appointment only

  • Uncontested Divorce
  • Contested Divorce
  • Military Divorce in New York State Court
  • Child Support in New York State Courts (Family & Supreme)
  • Child Custody in New York State Courts (Family & Supreme)
  • Separation Agreements
  • Prenuptial Agreements

ATTORNEY ADVERTISING

 

di·vorce forms
pronunciation:
/do it yourself/
noun
1. forms you use to file for a divorce.
Where do you get divorce forms?
Many state courts provide divorce forms for free on their websites or at the courthouse! Often, the forms you buy from third parties are the exact same forms or similar to those that are provided for free!

 

When should I use divorce forms?

If you have a lawyer, you should always consult him or her for legal advice. Often, people who have an uncontested divorce use divorce forms to file for a divorce. Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce, you may want to seek legal advice from a lawyer.  People seeking to represent themselves in Divorce Court may find these forms helpful.

find divorce forms online

Click any of the links to learn more! We will be updating this page in the future. Stay tuned!

STATE DIVORCE LAWS

These are links to each of our pages which contain States Divorce Forms which are free:

    1. Alabama Divorce Forms
    2. Alaska Divorce Forms
    3. Arizona Divorce Forms
    4. Arkansas Divorce Forms
    5. California Divorce Forms
    6. Colorado Divorce Forms
    7. ConnecticutDivorce Forms
    8. Delaware Divorce Forms
    9. Florida Divorce Forms
    10. Georgia Divorce Forms
    11. Hawaii Divorce Forms
    12. Idaho Divorce Forms
    13. Illinois Divorce Forms
    14. Indiana Divorce Forms
    15. Iowa Divorce Forms
    16. Kansas Divorce Forms
    17. Kentucky Divorce Forms
    18. Louisiana Divorce Forms
    19. Maine Divorce Forms
    20. Maryland Divorce Forms
    21. Massachusetts Divorce Forms
    22. Michigan Divorce Forms
    23. Minnesota Divorce Forms
    24. Mississippi Divorce Forms
    25. Missouri Divorce Forms
    26. Montana Divorce Forms
    27. Nebraska Divorce Forms
    28. Nevada Divorce Forms
    29. New Hampshire Divorce Forms
    30. New Jersey Divorce Forms
    31. New Mexico Divorce Forms
    32. New York Divorce Forms

 

    1. North Carolina Divorce Forms
    2. North Dakota Divorce Forms
    3. Ohio Divorce Forms
    4. Oklahoma Divorce Laws
    5. Oregon Divorce Forms
    6. Pennsylvania Divorce Forms
    7. Rhode Island Divorce Forms
    8. South Carolina Divorce Forms
    9. South Dakota Divorce Forms
    10. Tennessee Divorce Forms
    11. Texas Divorce Forms

 

  1. Utah Divorce Forms
  2. Vermont Divorce Forms
  3. Virginia Divorce Forms
  4. Washington Divorce Forms
  5. West Virginia Divorce Forms
  6. Wisconsin Divorce Forms
  7. Wyoming Divorce Forms
  8. District of Columbia Divorce Forms
  9. Puerto Rico Divorce Forms

 

What is the Divorce Process?

.

The divorce process varies based upon the State in which the divorce is taking place.  However there are some occurrences common to most divorces:

.

1. Decide whether to hire a divorce lawyer.

2. Compile financial documents/records & start making lists of assets.

3. Choose the Jurisdiction that will allow you to get a divorce. Draft & file the Initial Documents.

4. Serve your spouse with Divorce Papers.

5. Speak with your Spouse (in or out of Court) to determine whether you have a contested divorce or uncontested divorce.

6. Engage in discovery (Court process through which evidence is exchanged during a divorce).

7. Identify what items are marital property and separate property.

8. Either agree to how marital property is split or go to trial in Court to split the assets and liabilities of the marriage.

9. If there are children, decide what the custody arrangement will be (or go to trial). If there is joint custody, one parent is often the custodial parent.

10. If there are children, decide how much child support will be paid (or have a hearing at Court to determine child support). Child support is usually paid to the spouse that makes less money, where applicable, even when the parties have identical visitation time.

11. Draft a stipulation of Settlement regarding all outstanding issues and submit it to the court.

12. Make sure that your medical insurance is not affected by divorce and if so, plan to file for COBRA.

13. Wait. It often takes quite a while from the time the divorce papers are filed until a court issues a Judgment of Divorce.

14. Obtain Judgment of Divorce. Serve it on your former spouse.

15. Start your new life.

See also:

How long does divorce take 

 

un·con·test·ed
di·vorce
pronounciation:
no outstanding issues/
noun
1. a divorce in which both parties agree on the grounds for divorce and there are no disagreements as to any issues, including finances, assets, child custody & child support.
verb
1. legally dissolve one’s marriage with (someone) without issue or by default.

 

A divorce is only uncontested if there are no outstanding issues.  None.

In order to be an uncontested divorce the parties must agree about:

  • Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc).
  • Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
  • Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
  • Child Support: If there are children, the amount to be paid in child support must not in dispute.
  • Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent.  A visitation and parenting plan should be created and agreed upon.

If the parties disagree about anything, then they have a contested divorce

Click about to learn more about contested divorces.

 judgment of divorce =

agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody

uncontested divorces are much cheaper than contested divorces!

uncontested divorces are much quicker than contested divorces!

 

 

con·test·ed
di·vorce
pronounciation:
war/
noun
1. a divorce in which both parties do not agree on either the grounds for divorce or any issues, including finances, assets, child custody & child support.
verb
1. legally dissolve one’s marriage with (someone) after a battle.

 

A divorce is contested if there are any outstanding issues as to the reason for the divorce or what should happen to assets, child support or child custody during or after the divorce.

To get a Divorce, you need a reason or grounds:

grounds for divorce


A divorce is not an uncontested divorce unless the parties are in total agreement as to:

  • Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc). If your spouse does not want to get a divorce, then the grounds for divorce are being contested.
  • Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
  • Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
  • Child Support: If there are children, the amount to be paid in child support must not in dispute.
  • Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent.  A visitation and parenting plan should be created and agreed upon.

If the parties disagree about anything, then they have a contested divorce

 judgment of divorce =

agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody