What forms you need depends upon your circumstances. And it isn't just one form...
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
The forms kits, which are available from the New York State Unified Court System's website, consists of multiple forms. The particular forms appropriate for a particular matter vary, depending on the circumstances and issues involved. For example, uncontested divorces involving unemancipated children require different (and more) forms than cases that do not involve children. Furthermore, if your case involves real property, pensions, or other substantial financial issues, you may wish to enter into a separation agreement prior to the commencement of an action (or a stipulation of settlement after the filing of your summons).
There are certain forms that are always required. For example, a divorce (whether contested or uncontested) always begins with the filing of either a Summons with Notice or Summons and Verified Complaint with the Supreme Court. Typically, appropriate venue (county) is the Supreme Court situated in the county in which either you or your spouse resides. One exception to this rule is Manhattan: New York County is an "open" county and accepts divorce cases regardless of the counties in which you or your spouse reside.
In an uncontested divorce, the filing of a summons is typically followed by the defendant's execution and acknowledgment of an "Affidavit of Defendant". The Defendant's Affidavit may not be signed until after the summons has been filed with the court. Accordingly, it is not possible, before commencing an action, for the parties to sign and acknowledge all of the documents in advance.
Uncontested divorce kits are available from the NY Unified Court System's website. However, the forms are voluminous and confusing, and many people ultimately elect to retain a lawyer, particularly in matters involving minor children and/or property.
This article is intended for general informational purposes only and does not constitute legal advice. You should not rely or act upon any information contained in this article without seeking the advice of qualified legal counsel.
You may go to the Supreme Court, Matrimonial Part in your county to obtain the uncontested divorce packet.
Or you can obtain them online http://iapps.courts.state.ny.us/webcivil/ecourtsMain.
Do keep in mind however that there are several forms which must be completed correctly, as well as filing fees of $335 even if you are doing the paperwork in your own. There are attorneys who can represent you and take care of the paperwork/filing for you at a relatively low cost--or who are willing to work out a payment plan for you.
Feel free to call me anytime for a free telephone consulation to weigh out your options. (646) 587-0188
Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
Serving Manhattan, Queens, Brooklyn, Bronx, Staten Island, Nassau, Suffolk, Westchester, Rockland and Orange Counties.
Answers to questions by an attorney for The Law Firm of Liou & Maisonet, PLLC are for general purposes only and do not establish an attorney-client relationship.
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