How to Get a Quick Divorce in New York

By Beverly Bird

New York does not have a reputation for speedy divorces. If your spouse contests your divorce, the process can easily drag on for more than a year. However, if he does not contest it, you might be divorced in a matter of months, especially if you work together to finalize your marriage. New York’s divorce laws are somewhat complex, but if you understand their nuances, you can hasten the process.

Step 1

Determine what grounds you’re going to use to file for divorce. In New York, this is a pivotal question. If you use the state’s no-fault ground, you must enter into a signed settlement agreement and wait a year from the date you sign it before you can file. If your spouse agrees not to contest a fault ground, however, you can still enter into a signed agreement and avoid the one-year rule.

Step 2

Negotiate a settlement with your spouse, then write the details in a formal agreement. Although New York makes many divorce forms available on its Unified Court System website, a marital settlement agreement is not one of them. The agreement must include certain language, so consider having an attorney draft it for you.

Divorce is never easy, but we can help. Learn More

Step 3

Download a verified complaint for divorce from the New York State Unified Court System website. New York has two forms, one for use if you have children and one if you do not. Complete the appropriate form.

Step 4

Take your completed complaint and your settlement agreement to the Supreme Court in the county where either you or your spouse reside. File them with the court simultaneously. Depending on your county, additional forms might be required. You can ask the court clerk for them and complete them on the spot, filing them as well.

Step 5

Download Form UD-7, an Affidavit of Defendant, from the New York State Unified Court System website. Ask your spouse to sign it. This form indicates that he will not be contesting the divorce because he is in agreement with the terms outlined in your agreement. After he’s signed it, file the Affidavit of Defendant with the court as well.

Step 6

Wait for a judge to sign off on your paperwork. Although you don’t have to appear in court to finalize your divorce, the wait for a judge to review your documents and sign your agreement into a divorce decree might take a month or more. It will depend on the judge’s current workload.

Step 7

Download Form UD-4 from the state’s website, a Sworn Statement for Removal of Barriers to Remarriage. If you were married in a religious ceremony, you must have an adult over the age of 18 mail it to your spouse.

Divorce is never easy, but we can help. Learn More
What Happens If Divorce Papers Go Unsigned?


Related articles

How Long Does an Uncontested Divorce Take?

Uncontested divorce is an often misunderstood concept of law. By definition, it simply means that you and your spouse have reached an agreement and you don’t require a judge to make any decisions regarding your children or your property. The road to that agreement can be short or long. After you’ve reached an agreement, you can generally be divorced in a relatively short period of time.

How Long Does It Take to Get a Divorce for Adultery in New York?

In New York, just as in other states, the time required to get a divorce depends much more on whether you and your spouse can reach an agreement than on your grounds. This isn't to say that your grounds for divorce won't affect the timeline, however. If you file for divorce on grounds of adultery, it will probably necessitate a trial, so your divorce will take longer.

How to Get a Quick Divorce in California

California offers a summary divorce option for ending your marriage quickly, but this doesn’t avoid the state’s six-month waiting period. Whether you qualify for a summary action or must use the state’s uncontested divorce procedure, the soonest you can finalize your marriage is six months from the date you file your petition.

Get Divorced Online

Related articles

Can You Get Divorced in Pennsylvania Without a Court Appearance?

When spouses hotly contest issues between them, this invariably requires at least one court appearance so a judge can ...

Do You Have to Wait 30 Days for a Decree of Divorce in Arkansas?

Even if divorcing spouses agree on all marital issues, such as custody and property division, Arkansas imposes a 30-day ...

An Uncontested Divorce in Kansas

Although an uncontested divorce may be less stressful and time-consuming than a contested divorce, you must ensure that ...

What Happens if I Refuse to Sign a Separation Agreement in Virginia?

Virginia is one of a handful of states that does not recognize the phrase “legal separation,” but this doesn’t mean you ...

Browse by category
Ready to Begin? GET STARTED