New York Marital Settlement (Divorce) Agreement Form [PDF]

A marital settlement agreement is a contract made by spouses who plan to divorce. In this agreement, also called a divorce settlement agreement, the spouses cover all aspects related to their marriage, from dividing marital property to deciding on custody and support for their children.

The purpose of this legal document is for spouses to reach a mutual agreement on all rights and responsibilities regarding marital issues, ensuring it is drafted in the best interest of them and their children.

Divorce Forms

Divorce forms are filed at the County Clerk's Office; the filing fee is $335, and the index number costs $210. There is no waiting period for the court to grant a divorce, so if spouses meet the residency requirements and agree on all divorce terms, the divorce can be finalized in six weeks.

Divorce Laws and Legal Requirements in New York

Divorce laws and legal requirements in New York outline the provisions and conditions that spouses should be familiar with when entering the divorce process.

How to File For a Divorce in New York in 8 Steps

Filing for a divorce can feel overwhelming, but following these eight steps can make the process smoother and less stressful. Here is what you have to do to file for divorce in New York:

#1. Fill Out the Divorce Form

The spouse who initiates a divorce process is called a plaintiff, while the other spouse is known as a defendant. The plaintiff should start the process by completing the divorce forms. If spouses don’t have children under 21 and the marriage has been over for six months or more, the DIY Uncontested Divorce Program is a great option.

If they have children under 21, they'll need the Uncontested Divorce Packet—it provides all the necessary information to begin the case. Filling out forms, such as a divorce complaint or summons, accurately is very important, and these forms commonly include personal information about spouses, information about children, and property details.

#2. Fill Out Additional Court Forms

Next, the plaintiff should gather and complete the additional forms that are required. These include forms like:

• Summons with Notice or Summons and Complaint

• Notice of Automatic Orders

• Notice Concerning Continuation of Health Care Coverage

• Marital Settlement Agreement (spouses can download adequate marital settlement agreement template)

• Parenting Plan (if any)

Plaintiffs must sign and notarize all forms to be valid, and they should make two copies of each form—one for a defendant and the other for a personal record.

#3. File the Forms With the Court

Once all the forms are ready, the plaintiff should file them with the County Clerk's Office. This office handles divorce case records and fees. The plaintiff will receive an index number for their case, which costs $210. This number should be written on all documents that are filed with the court.

The plaintiff can file online in some counties using the New York State Courts Electronic Filing System, so they should check if this option is available in their county.

#4. Serve the Forms to the Spouse

After filing the forms, the plaintiff should serve them to the defendant. They can do this themselves if they are sure the defendant won't contest the divorce and will return the signed Affirmation of. Otherwise, someone else who is a New York state resident and is over 18 years old must deliver the papers.

The papers must be served within 120 days of filing. If the plaintiff is unsure of their spouse's location, they can ask the Court Clerk's Office for help with alternative service methods.

#5. Wait for the Defendant's Answer

Once the defendant has been served, they have 20 days to respond if served in New York state and 30 days if served outside the state. They can return the signed and notarized Affirmation of Defendant, file a Notice of Appearance, or be passive and do nothing.

If they return the Affirmation of Defendant, then they will have an uncontested divorce. If they file a Notice of Appearance, they will go through the contested divorce. And finally, if they don't respond, their divorce will be considered uncontested by default, which commonly leads to a judgment in the plaintiff's favor.

#6. Calendar an Uncontested Divorce

Depending on how the defendant responds, their case may be ready to go on the court calendar. If the defendant signs and returns the Affirmation of Defendant, the plaintiff can file the rest of the papers and have a case calendar immediately.

If the defendant doesn't respond, the plaintiff must wait 40 days from the day they were served before filing the rest of the papers. All the additional forms must be signed and notarized before being submitted to the court.

#7. Wait for the Judgment

If there are no issues with the paperwork, the judge will review and sign the Judgment of Divorce. Once the judgment is signed, the plaintiff will be contacted and informed about how to obtain it. After the judge signs it, it must be filed with the County Clerk's Office, and the defendant must be served a copy alongside the Notice of Entry.

#8. Change Your Name

If one of the spouses wants to change the name as part of the divorce process, they should include this request in the divorce papers. Their name change will be legally recognized when the judge signs the Judgment of Divorce. That spouse should notify relevant government agencies and update all identification documents, such as DMV, banks, and Social Security Administration.