Divorce Papers

To obtain a no-fault divorce in the State of New York, any of the following must apply: If only one spouse resides in New York, any of the time of filing the divorce, the residency requirement is two years. However, that requirement is reduced to one year if 1) the spouses were married in New York and either spouse is still a resident; or 2) they once resided in New York and either spouse is still a resident; or 3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides. [Consolidated Laws of New York Annotated; Domestic Relations Laws, Sections 230 and 231; and New York Civil Practice Laws and Rules, Rule 503].

The legal grounds for divorce in New York are: No-Fault: 1) living separate and apart for one year under the terms of a separation agreement which is in writing and signed and notarized. Proof of compliance with the terms of the settlement agreement must be submitted when the divorce is filed. In addition, a copy of the agreement or a brief memorandum of the agreement must be filed in the office of the clerk of the county; or 2) living separate and apart for one year under the terms of a judicial separation decree. [Consolidated Laws of New York Annotated; Domestic Relations Law, Section 170].

USE THESE WORDS IN THE COURT DOCUMENTS FOR NEW YORK

1. Use these exact words, all in capital letters: SUPREME COURT OF THE STATE OF NEW YORK, COUNTY
2. Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
3. Use the word "Plaintiff". Be sure the "P" is capitalized.
4. Use the word "Defendant". Be sure the "D" is capitalized.
5. Use these exact words, all in capital letters: JUDGEMENT FOR DIVORCE
6. Use the word "County" here.

Free New York Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

• Affidavit in Support of Entry Out of State or Statewide Protection
• Family Offense Petition
• Order of Protection DRL
• Order of Protection Non Family Offense
• Order of Protection Family Offense
• Order of Protection
• Temporary Order of Protection DRL
• Temporary Order of Protection
• Petition for Name Change
• Order for Name Change
• Sample Publication
• Glossary of terms
• Instructions for completeing the forms
• Review the Resources you may need to obtain your order
• Understanding the Law

New York Divorce Instructions

• Instructions for completeing the forms - The Marital Settlement Agreement
• Glossary of terms you should be aware of while going through your divorce
• Review your State's Guidelines

Forms & Documents

• Form 1- Uniform Support Petition
• Form 2- Summons: Personal Service on an Individual
• Form 3- Process Service Memorandum
• Form 4- Non-Military Affidavit
• Form 5- Financial Affidavit
• Form 6- Motion for Health Insurance Coverage
• Form 7- Final Judgment Modifying Child Support

New York Divorce Court Forms

• Documents for the Court

Your Divorce Forms

• Financial Affidavit
• Notice of Hearing

New York Divorce Forms that Both Parties Must sign

• Declaration under the Child Custody Act
• Marriage settlement Agreement
• Verification required by both parties

New York Divorce Forms to be Signed by a Friend

• Affidavit by a third party

Divorce Form for Your Spouse

• Answer and Affidavit in response