Life is unpredictable. One can never be sure what the future holds or what changes they will face over time. And as the world tries to adapt to life amidst the pandemic, various institutions and sectors, both public and constitutional, are bringing in new measures to make it easier for people to move forward smoothly. One such sector, which has adapted to the changing times, is the legal process of marriage dissolution. For those looking to separate from or divorce their spouse, it can be done without difficulty. One may think that by law, they would have to appear in court and handle all the legal proceedings by being present at hearings, but this is not the case anymore. In New York, an uncontested online divorce is not only possible but has also been made quick and easy.
Divorce or separation is a challenging decision and can be quite harrowing. However, the process of online divorce certainly helps ease the situation. It is approved by law and allows for seamless court approval of all documents without requiring a lawyer. If you are wondering how to go about this, it is quite simple. All you have to do is answer a few questions online about your case, and the online divorce platform will select and fill out all the necessary forms for your divorce. Upon receiving the completed forms, you just file them at your nearby courthouse, which can even be done via mail. After reviewing the documents, the judge signs the divorce decree, officially ending your marriage. This can all be done efficiently and effectively, without requiring the client to be physically present in the court.
Online divorce – DIY approach:
While the process of getting an online divorce in the state of New York is seamless, one still has to make sure that they meet all the eligibility requirements, including residency of one or both parties in the state.
You do not have to worry about the legitimacy of an online divorce as it is declared legal by the judicial system and county. If the petitioner and respondent do not have any contentious grounds and are willing to opt for a quick and rapid divorce, then both parties can end their marriage as painlessly as possible. There are several online divorce assistant services available to start the process, yet the best and most hassle-free services are being offered by Online Divorce New York. They have around the clock support for their clients and all the information is readily available on their website.
Before you begin the process and take the final step, it is important to consider a few important factors that could impact the outcome.
A quick uncontested divorce can be granted in as six weeks given that the details and legal documents provided by both the petitioner and respondent match up to the eligibility requirements set by law. Prior to filing for divorce, you must ensure that you meet the residency allowance in New York and possess an acceptable ground for divorce. If there are children below the age of 21, then there are certain associated issues of custody, visitation, and child support that need to be sorted out as well.
To meet the residency requirements in New York for divorce within the state, one of the following conditions have to be met:
- The petitioner or the respondent has resided in the state of New York without moving anywhere else for at least two years before filing for divorce.
- Either one of the parties has been a resident of New York for a minimum one year prior to filing the papers and the marriage happened in the state.
- The petitioner or respondent has been residing in New York for at least a year given the fact that they both also lived within the state as a married couple.
- Both of the parties are living in the state of New York when filing the petition for divorce and the ground for the divorce also took place in New York.
Should you meet any one of the residency requirements, you are eligible to file for an uncontested online divorce within the state.
Additionally, you have to focus on the grounds for divorce. In New York, both no-fault and fault-based grounds for divorce are being ratified and acknowledged. For an uncontested divorce, a no-fault ground for divorce should be used. The no-fault ground in New York is the irretrievable breaking down of the relationship over a period of six months or more.
The fault-based ground in New York, which must be proven in court, include physical desertion for a year, emotional cruelty, imprisonment of either party for three years, abandonment, abuse, endangerment, and adultery.
Once these matters are clarified, the online divorce process can begin, starting with the generation of customized forms based on the information entered by each party.
Child custody and support:
In a situation where there are children below the age of 21 involved, there arises the issue of child custody and support which has to be considered. Within the state of New York, while child custody is decided between both the parties for an uncontested divorce, child support can either be arranged by the court or between the petitioner and respondent. The court will review and ultimately approve what the couple decides so long as it is deemed respectable and fair.
Basically, child support is the amount of payment which the non-custodial parent has to pay to the child’s primary custodian so that their basic needs and wants do not suffer or lack. In order to calculate child support, the gross income of the household or both spouses is considered and calculated. In the state of New York, one can figure out child support payments with the help of the New York Child Support Estimator which aids in the determination of an appropriate payment amount. The estimator is a legal tool provided by the state government that follows the guidelines on child support in New York. In order to simplify the process, the data of income and personal details can be entered by each of the spouses so that a favorable child support and custody agreement can be reached within a short span of time. It is natural for someone that makes up his/her mind to finally quit and part ways to look and gauge all available options. As an option for divorce, an uncontested online DIY divorce is the most appropriate way to ease the situation without dealing with any controversy or compromising on your mental and physical health. The process is inexpensive because it can be done without lawyers, and all the forms generated by online divorce New York are ratified for usage by the Judicial Council in the state, so they are accepted anywhere across New York. While a do-it-yourself (DIY) divorce may not be what you thought at first, it can prove to be the best and most optimal solution to avoid bitter results.