Lawyers are expensive these days! If you have checked into the typical fees charged just to draw up a simple legal document like divorce papers and file them with the courts, you know that the expense is ridiculous. The good news is do it yourself divorce in New York is possible if you and your spouse agree on the terms of the divorce.
There are two options when it comes to a do it yourself divorce in New York:
1. Purchase the packet of basic papers and fill them out yourself.
2. Use an Internet based service that fills the papers out with your personalized information and tells you exactly how to file them for yourself.
The first option is the cheapest way to go and is suitable for many states with lax laws on divorce, but in the state of New York it is too risky. Since the laws on divorce are more complex you are better off to have a professional fill the papers out for you. This way you know the papers make it through the court system without being contested by a judge.
New York Divorce Requirements
In most cases one of the parties will need to live in the state for at least a year prior to filing for divorce in New York. This applies even if you were married in the state or lived for many years as a married couple within the state. You may need to apply in another state if neither party lived in New York for a year prior to filing.
In the case the marriage did not take place in the state, you never lived in the state as a married couple, and the reason for the divorce took place out of state, then one party will need to have resided in the state for at least two years prior to filing for a New York divorce.
There also must also be a legal reason for the divorce. New York is not a no-fault or no questions asked state. There has to be a verifiable reason for filing for the divorce and in some instances you may need to wait a given period of time in order to make the circumstances a valid reason for divorce.
Even though you have to assign fault in order to get a divorce in New York, there are still ways to fill out the paperwork so it goes through without being questioned by the courts. This is why having experienced professionals do the paperwork for you really pays off. Luckily, this doesn’t mean a do it yourself divorce in New York is impossible.
The key to becoming successfully divorced in New York is to understand the guidelines and restrictions on when and how to file and have a professional familiar with all the laws fill out the paperwork on your behalf. This is not a state that you want to go it alone with the paperwork.
If you can’t afford an attorney, consider online services that allow legal professionals to fill out your papers and give very specific instructions on how to file them in the local court. These services make do it yourself divorce in New York not only possible, but effective and affordable as well.