Who Should Use this Kit?
This do-it-yourself, No Fault With Property Kit (NF101B) is designed for Manhattan Uncontested Divorce Cases in which:
The foregoing constitute just a small fraction of the financial issues that can arise in event the friendliest of divorce cases. The existence of financial issues does not mean that your case can't be handled as an "uncontested" divorce, or that you need to retain attorneys. Our No Fault With Property Kit (NF101B) is tailored to meet your needs. The kit includes a simple "stipulation of settlement" document that you and your spouse complete and sign to memorialize your agreement/settlement regarding financial issues. That stipulation form is then adopted by the court as part of the Judgment of Divorce.
- there are no un-emancipated children (and, thus, no issues relating to child support, custody, visitation etc.); however
- The are one or more property/financial issues to be addressed in the divorce papers, for example (this list is not intended to be exhaustive):
- Division of bank accounts;
- Dividing retirement assets, such as a pension or 401k;
- Dividing real estate/waiver by one spouse of interest in real estate, often in exchange for lump sum payment;
- One of the spouses is to receive a lump-sum payment or periodic payments in consideration for his or her waiver of a marital asset;
- Transfer of title to a motor vehicle and/or waiver of an interest in a motor vehicle;
- Return of personal property, such as furniture, pets or other items; or
- Alimony (maintenance) payments, or a lump sum payment in lieu of periodic maintenance.
Please note that in New York, the term "marital property" is broadly defined, and includes items such as pensions, retirement accounts, and educational degrees. If you are uncertain about the existence of property, you should consult with an experienced matrimonial attorney.
Because New York County is an "open" county, you can file for divorce in Manhattan regardless of where you or your spouse resides in New York State.
What You Receive When You Place Your Order:
Upon approval of your credit card, you receive the forms via immediate download, in MSWord format. You also get instructions for filling in the blanks and filing with the court clerk at 60 Centre Street in Manhattan. Some of the forms in this kit are also available from the Court itself. However, for more than 13 years, New Yorkers have found that our forms are far more user-friendly, and that the instructions included with our kits are invaluable. This is particularly true for divorce cases that involve division of property or other financial issues. Our forms include a user-friendly settlement agreement - easily modified to suit your needs and the specifics of your agreement.
Plus, upon purchasing your kit from us, you get unlimited customer support from our experienced paralegals. We can guide you through the process of filling in the blanks, signing, and, ultimately, filing your forms with the Clerk's office.
Please note that we do not provide legal advice. We do not serve as attorney for either you or your spouse. However, we can provide you with significant guidance regarding your forms and filing of your papers with the Court. For an additional fee, we can also handle the filing of our forms (please note that filing of your forms typically entails three separate trips to the court).
New York was the last state in the United States to implement no-fault divorce. The wording used to describe that situation is that the marriage is irretrievably broken. Although New York continues to have fault-based grounds for divorce, the no-fault ground is most appropriate for uncontested situations. Accordingly, our kits are all based on no-fault. If it is important to you that your divorce be based on fault, you will need to order a customized kit.
Handling your own divorce in Manhattan (New York County) entails taking care of three basis steps: (the following is a summary that simplifies the process. Our kits provide step-by-step details).
First, you must Commence your divorce action. This is done by downloading, signing and filing your summons and purchasing an Index Number.
Second, the pleadings (summons with notice and/or summons and complaint) need to be delivered to your spouse. In an uncontested case, the spouse (styled as the "defendant" in the divorce papers) signs a form referred to as the "Affidavit of Defendant," which must be acknowledged (notarized). If you and your spouse have property issues to be settled, you should each sign a Stipulation of Settlement. A sample Stipulation, with instructions, is included in your kit.
Third, the plaintiff signs and acknowledges the remaining paperwork, which include, among other documents, the Affidavit of Regularity, Certificate of Dissolution, proposed Judgment of Divorce, and proposed Findings of Fact and Conclusions of Law. Each form must be signed in the correct order - otherwise the entire package will be rejected by the Matrimonial Clerk. For example, the Affidavit of Regularity must not be signed before the Affidavit of Defendant.
Finally, all of the forms are delivered, for preliminary review, to the Matrimonial Clerk's Office at the Supreme Court.
PURCHASE THIS KIT