It's Over Easy Online Divorce

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It's Over Easy New York City Online Uncontested Divorce

Services What You Get Cost
AttorneysHigh conflict done-for-you service$15,000 +
It's Over EasyGuided online experience, spousal negotiation tools, premium phone & email support$750 – $2,500
Online CompetitorsDo-it-yourself divorce form filler services~$150
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How Divorce Works In New York City

If you are thinking about filing for divorce in New York City, you have many options for how to proceed. You and your spouse can each hire an attorney for a traditional court case, or you can opt for collaborative divorce, divorce mediation, or various degrees of DIY divorce. In a DIY divorce, you will never have to set foot in a law office, but that doesn’t necessarily mean you and your spouse have to go it alone. Nowadays, there are online divorce platforms that can help you with the divorce paperwork, or even provide more comprehensive services. Even the most deluxe online divorce packages are dramatically less expensive than hiring a lawyer.

If you’re interested in filing an online divorce New York City divorce law poses no obstacle. This is normally only an option if you and your spouse have agreed to an uncontested divorce. Uncontested divorce is inherently no fault, but there is more to it than that. In an uncontested divorce, both parties agree to the terms of the divorce agreement such as child custody, child support, alimony, and the division of marital property and debts.

An uncontested divorce case can be significantly less expensive, because neither party needs to hire a divorce lawyer to argue on their behalf. However, if you or your spouse do not feel comfortable proceeding without speaking to a lawyer, you can usually find a divorce attorney who is willing to answer a few of your family law questions without taking on the entire divorce process. Then, you and your spouse can either fill out the divorce forms yourselves, or you can hire an online divorce platform to take care of the divorce forms for you.

Online divorce divorce is simultaneously much less expensive than hiring an attorney and much more convenient than filling out the divorce papers and tracking your divorce filing yourself. More comprehensive online divorce platforms follow your case from before the petition is filed to until after a divorce decree is issued and your case is entered into your county’s divorce records.

If a New York City couple’s legal separation date was at least six months ago and they have no children under age 21, then they may be eligible for an expedited divorce process, which is the fastest way to receive a divorce judgement. This is only a possibility in cases of uncontested divorce. You can procure an expedited divorce either on your own or with the help of an online divorce platform.

New York is an Equitable Distribution State

New York matrimonial law follows the doctrine of equitable distribution, which requires that a couple's marital property is fairly divided based on a couple's unique circumstances. In a contested divorce, the court decides what the division should be based on a variety of factors including length of the marriage, whether or not one spouse has missed employment opportunities because of the marriage, and the income earning capabilities of each person.

In an uncontested divorce, you and your spouse have the power to decide how you want to split up your marital property, and a judge will simply review the agreement before issuing a divorce decree. The procedure is the same if your property agreement was negotiated with the help of a divorce mediator. You may even already have a preexisting separation agreement that can be repurposed in your divorce proceedings. If you opt for an online divorce, the online divorce platform will draft a stipulation for you which explains how your property is to be divided.

New York City Residency Requirements

There are several options for meeting divorce eligibility requirements in New York. A couple can file for divorce if:

    • Either party has lived in the state continuously for at least two years, or

    • Either party has lived in New York continuously for at least one year and got married in New York State, or

    • The party still lives in New York as a married couple, or

  • The grounds for your divorce happened in New York State, for couples filing an "at fault" divorce.

You must also file for divorce in a county where at least one party lives. For New York City residents, this means New York County (Manhattan), Kings County (Brooklyn), Bronx County (The Bronx), Richmond County (Staten Island), or Queens County (Queens).

You can usually prove residency by sworn affidavit. If for some reason an affidavit is inadequate in your particular case, you can establish residency by providing something like your voter registration card, your driver’s license, or your vehicle registration.

New York Divorce Procedures

  • No "Cooling Off" requirement: There is no formal waiting period for a divorce decree to be issued after the required family law forms and marital settlement are submitted to family law court.

  • Court filing process: New York family law courts oversees child and spousal support. The New York Supreme Court issues the final divorce decree in all cases.

  • Court appearance: Couples that agree to a "no-fault" uncontested divorce can negotiate their marital settlement agreement are not required to appear in family law court.

  • Electronic filing: New York State Courts have an electronic filing system called NYSCEF. In some instances, the plaintiff can file divorce forms online. This option is available based on the approved e-filing County List.

New York Child Support

New York courts calculate child support using a specific guideline formula. The court multiplies the parent's combined income by a percentage: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children. Each parent should then have access to a proportion of this number that reflects how parenting time is split up. For example, if one spouse makes $100,000 per year, the other spouse earns no income, and there are 2 children of the marriage, then the total support amount is $25,000. If custody is shared 50/50, then the earner spouse will need to pay the non-earner spouse $12,500 annually. Because these calculations are only necessary when child support is likely to be part of a divorce settlement, this formula is presented in a couple of extra divorce papers that only couples with minor children are responsible for.

The judge will typically review the calculation to determine if the support amount is fair based on guideline factors, which include the financial resources of each parent, the health of the child, and the standard of living that the child is accustomed to before the divorce. If the judge does not believe that the figure is fair, then they will issue a court order for a different amount. Child support is payable until the child reaches age 21. If you are filing for an uncontested divorce, then you and your spouse can come up with your own child support figure, which the court must approve before issuing a divorce certificate.

New York Custody

In New York, there are two totally distinct types of child custody: physical and legal. Physical custody means actually having the child(ren) in your care. Legal custody means making decisions for your child(ren) -- e.g. educational, medical, religious, etc. Usually parents will share physical custody is some capacity, except in extreme cases like abuse or neglect. New York courts make these decisions based on the best interest of the child, and except under the worst circumstances, having a relationship with both parents is considered to be in a child’s best interest.

Despite the fact that custody is usually shared, the state of New York considers the parent with the higher percentage of parenting time to be the custodial parent. This does not mean much if parenting time is split up fairly evenly and decisions are made jointly, but the title alone can be contentious for parents involved in antagonistic divorces.

New York Alimony

New York utilizes a specific formula to calculate what the guideline spousal support payment should be. This formula applies fixed calculations to income of up to $192,000 – income that exceeds that amount will be assessed in accordance with the court’s discretion. Section 412 of the Family Court Act lists fourteen factors for the judge to consider when determining the final guideline amount. In general, the length of your marriage determines how long maintenance will continue. If you are opting for guideline maintenance, alimony must terminate upon the death of either party or the beneficiary’s remarriage. Of course, if you are filing for an uncontested divorce, then you and your spouse can decide on the alimony terms yourselves, subject to the judge’s approval.

New York Filing Fees

In New York, the filing fee for a divorce comes to at least $335, but there may be additional fees depending on the nature of your case. This figure represents the absolute minimum that it is possible for a completely DIY divorce to cost. In a contested case with attorneys, you can expect to spend much more. Online divorce platforms also pose an additional cost, but it is only a fraction of what you would typically spend if you hired a lawyer.

New York City Family Court

Supervising Judge
Hon. Karen Lupuloff

Clerk of Court
Juan Paez

The New York County (Manhattan) Family Court is located at:
60 Lafayette Street, NY 10013; in lower Manhattan, between Franklin and Leonard Streets.

Phone: 646-386-5223
Fax: 212-416-1428
Email: manhattanfamilycourt@nycourts.gov

New York Grounds for Divorce

Prior to 2010, New York was an "at fault" divorce state, meaning that the reason for divorce had to be wrongdoing committed by one spouse. Uncontested divorce was not legally permissible, and one spouse was required to prove grounds for divorce based on actions such as adultery, abandonment or cruel and inhuman treatment. This meant going to court, which was a costly and lengthy process that often had damaging emotional and psychological consequences. As a result, the New York divorce process was expensive, contentious and time consuming.

Fortunately, in 2010 the "at fault" divorce requirement was removed, and no fault divorce is now permitted in New York. This allows couples to file for divorce without needing to prove that one spouse was responsible for the dissolution of the marriage, which makes uncontested divorce possible as well. Thanks to this change, the divorce process is cheaper, faster, and more amicable. New York still retains the option of at fault divorce, and the plaintiff is still required to sign an affidavit stating the reason for divorce, in which they can either allege fault on the part of their spouse, or simply cite irreconcilable differences.

Online Divorce Info on Other States

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New York City Divorce & Coronavirus

In response to the COVID-19 pandemic, New York Family Courts have moved all proceedings to telephone and/or video conferencing. New York Supreme Courts are currently open subject to sanitation and social distancing guidelines, but since divorcing couples only need to interact with the Supreme Court in order to obtain a final decree, e-filing is the best solution. Check http://www.nycourts.gov/ or call (833) 503-0447 for more Covid-19 updates and information. Because the courts initially faced a wider shutdown, you may experience some delay. If you opt for an online divorce with It’s Over Easy, then your case will most likely be unaffected by the coronavirus pandemic.