HTML Preview Divorce Packet Instructions page number 1.
INTRODUCTION TO
UNCONTESTED DIVORCE INSTRUCTIONS (Rev. 1/31/18)
WHAT YOU NEED TO KNOW
BEFORE STARTING YOUR DIVORCE ACTION
Important Note Before you Begin
If you want to stay out of court and you have parenting or economic issues to work out
with your spouse, in appropriate cases where there is no domestic violence or abuse, you
may want to consider divorce mediation or collaborative law. These processes can improve
communication and reduce the cost, stress, and trauma of divorce.
Visit www.nycourts.gov/adr for more information.
This section will outline:
• The “basics”: the important things you will need to know before starting your
divorce action. (See pages 1-5)
• The schedule of filing fees for an uncontested divorce. (See page 5)
• The documents and papers needed to obtain an uncontested divorce. (See page 6)
• The instructions for starting the action. (See pages 7-11)
• The instructions for filing the action with the court and placing the case on the
court’s calendar. (See pages 10-12)
THE BASICS
There are two requirements that must be met before you can file for a divorce in New
York State:
1. You must satisfy the residency requirements as set forth in Domestic Relations
Law Section 230. The Domestic Relations Law is the law that governs divorces in
New York State.
AND
2. You must satisfy one of the grounds for divorce set forth in Domestic Relations
Law Section 170. Note that New York State law was amended effective October
12, 2010 to add a seventh ground for divorce commonly known as “no-fault
divorce.” See Grounds For Divorce on the next page.