DIVORCIO USA
Uncontested Divorce
New York
If you wish to process an uncontested divorce in New York, our service allows you to do so in a structured, organized manner, in compliance with the strict procedural requirements of the state.
New York has one of the most technically demanding divorce procedures in the country. The process is divided into two main procedural phases: the Index phase and the RJI (Request for Judicial Intervention) phase.
The Index phase formally initiates the case before the court. At this stage, a first set of documents is prepared that must be reviewed, signed, and, where applicable, notarized before filing. Once properly filed and the corresponding court fees paid, the court assigns an Index Number, which officially identifies the case.
Subsequently, the process continues with the RJI (Request for Judicial Intervention) phase. This is a distinct stage in which a second set of procedural documents is prepared, which must also be reviewed, signed, notarized, and filed with the court. The RJI formally requests that the case be assigned to a judge for review and resolution.
Each of these phases requires strict compliance with the formal requirements of the state of New York. Omission or incorrect filing of documents at either stage can result in delays or rejections by the court.
If you wish to confirm that you meet the jurisdictional requirements:
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Jurisdiction and Requirements
For the court to have jurisdiction over your divorce, at least one spouse must meet the requirements established by the Domestic Relations Law §230.
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Irretrievably Broken Marriage Requirement
New York requires that the marriage has been "irretrievably broken" for at least six months before filing the petition.
This does not require physical separation during that time. It means that, from a certain date, the marriage is considered ended at a personal level. That date must be correctly indicated when initiating the process.
It is not possible to file the action without meeting this minimum requirement.
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You may file your divorce if one of the following conditions is met:
- One of the spouses has continuously resided in New York for at least two years immediately before initiating the case;
- One of the spouses has resided for at least one year and the marriage took place in New York, the spouses lived as husband and wife in the state, or the grounds for divorce occurred in the state;
- Both spouses are residents at the time of filing and the grounds for divorce arose in New York.
The case must be filed in the county where you or your spouse have continuously resided during the corresponding period.
Costs of Uncontested Divorce in New York
The process is divided into phases, and each phase must be fully paid before it begins.
Service Fee
$245 or 2 payments of $149
(installment payment)*
Index Court Filing Fee
$230
(Payment via Zelle or Money Order)
RJI Fee
$475
(Payment via Zelle or Money Order)
* If the customer chooses the installment payment option (2 x $149):
- The first payment of $149 covers the review of the case by our legal team to determine whether we can accept it or whether it falls outside the limited scope of our service.
- The second payment of $149 must be made before the documents are finalized and sent for review.
Legal work begins only after the first payment is received. Document drafting requires the Service Fee to be paid in full.
Additional Services (Optional):
Statement of Net Worth
$150
Document Revisions – Unfiled Documents
$50
Document Revisions – Court-Filed Documents
$100
Revisions of Court-Filed Documents – Complex Updates
$150
Notice to Dismiss or Withdraw
$100
How Does the Process Work in New York?
1
Pre-Qualification
The process begins with a pre-qualification to confirm that you meet the basic requirements, including New York's jurisdictional requirements.
2
Initial Payment and Legal Review
After paying the Service Fee ($245 or the first payment of $149), you complete a detailed questionnaire that allows us to analyze your case and determine whether we can accept it or it falls outside our limited scope. If the case is accepted and the Service Fee is paid in full (if you have only paid $149, the Service Fee must be completed with the second payment of $149), our legal team prepares the documentation in accordance with New York law.
3
Document Verification
The Plaintiff reviews the documents, after which they must notarize them online. Upon completing the notarization of the documents, our legal team verifies their legal compliance, and the remaining step is to pay the Initial Filing Fees ($230) via Zelle or Money Order.
4
Legal Compliance and Index Filing
Upon paying the Initial Filing Fees, our legal team creates the NYSCEF account (platform for electronic document filing) on behalf of the Plaintiff and the case is filed electronically with the corresponding court. Within 48 hours we will receive the Index Number (case number).
5
Legal Compliance and RJI Filing
Upon obtaining the Index Number from the Court, the Plaintiff must decide whether to proceed independently with the Request for Judicial Intervention phase or proceed with our service after paying the RJI Fee ($475) via Zelle or Money Order. Upon paying the $475, our legal team will review the case and, if able to proceed, will draft the RJI phase documents, after which both spouses must review, sign, and notarize them online. When both parties have notarized their documents, our legal team confirms legal compliance and files the documents electronically with the court.
6
Final Decision
Uncontested divorce cases are typically finalized by the judge between 2 and 6 months after the date of the final document filing.
Equitable Distribution of Assets and Debts
New York is an equitable distribution state. This means that assets and debts acquired during the marriage must be divided fairly, though not necessarily in equal shares.
The court may consider multiple factors to determine what constitutes an equitable division. The initial presumption does not guarantee an exact 50/50 split.
Separate property – such as property acquired before the marriage, inheritances, or individual gifts – generally remains with its owner.
All assets and liabilities must be clearly identified in the documentation and assigned between the parties for the divorce to proceed as uncontested.
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Minor Children
In the state of New York, child support is mandatory until the child turns 21 years old, unless emancipated earlier, for example, upon achieving financial independence, getting married, or entering military service.
Child support is calculated in accordance with state guidelines (Child Support Standards Act), based on the combined income of both parents. From that income, a percentage is applied based on the number of children, and then the obligation is distributed between the parents proportionally to their income.
In addition to the base amount, the court may include additional expenses, such as health insurance, education, childcare, and other necessary expenses for the child's well-being.
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Custody
When there are minor children, the divorce agreement must clearly establish provisions regarding custody (physical and legal), visitation (parenting time), and child support. These agreements must be approved by the court, which will always evaluate whether they meet the best interest of the minor.
Even if the parents reach an agreement, the court may reject it if it considers that it does not adequately protect the minor or does not comply with the applicable legal guidelines.
Maintenance (Alimony) and Distributive Award
Maintenance, also known as alimony, is a periodic payment designed to allow a spouse to maintain a standard of living similar to that of the marriage.
Our service does not handle cases involving disputes or complex maintenance calculations.
However, we do handle cases that include a distributive award, which consists of an economic compensation agreed upon between the parties as a form of settlement of rights over certain assets, such as retirement accounts, real estate, or vehicles.
A distributive award may be paid in a lump sum or in installments, provided the total amount is paid within the agreed timeframe. Although it may be paid in monthly installments, it does not constitute maintenance.
Transparency and Scope of Service
Our service is designed exclusively for non-contested divorces. If the case requires litigation or becomes contested, independent legal representation will be recommended.
We guarantee the correct preparation of documents in accordance with state law. We cannot guarantee the judge's decision or the final outcome of the judicial process.
Allegany County does not allow digital signatures, remote notarization, or electronic filing. In these cases, although our team can prepare the complete documentation, the customer will be responsible for signing, notarizing, and physically filing or sending the documents to the court.
Our friendly team is here to help you!
Phone
(214) 856-6122
info@divorciousa.com
Accepting payments
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In an agreed divorce, the spouses can file their divorce in any County in Washington. The Circuit Court in Lee County, Washington, allows you to complete your agreed divorce without a court appearance. As such, to offer a genuinely virtual, 100% online divorce, we prepare divorce documents for filing in Lee County Circuit Court. There may be other counties where a court appearance is not required, but most counties require a court appearance. Should you wish to file in a county other than Lee County, we can prepare your documents for that county, but we charge $100 extra to draft documents for counties other than Lee. If you wish to file in a county other than Lee County, a court appearance will likely be required to finalize your agreed divorce. We know that some people – even other attorneys – might tell you that at least one of the parties (you or your spouse) must go to court at least once before your divorce can be granted. This is not accurate. We have assisted thousands with their agreed Washington divorce, for which no court appearance was required using the Circuit Court in Lee County, Washington.