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STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.

Petitions MUST be signed in the presence of a Notary Public or a Family Court Clerk. Once your petition is completed and your signature notarized, you can either mail it to Family Court or submit it in person during our stated business hours. Paternity Petitions must be submitted with a copy of the Birth Certificate.

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You can also use the DIY (Do-It-Yourself) Uncontested Divorce Program if you are filing for an uncontested divorce, your marriage has been over for at least six months, there are no children under 21, and all marital property issues, including debt, have been settled.

Spousal support cases are started with a spousal support petition in Family Court. There is no filing fee in Family Court. Child support and spousal support can be filed in the same petition. After a support petition is filed, the other side must be "served" a summons, the petition, and the financial disclosure form.

Alternatively, an uncontested divorce in New York, in which both parties have agreed on all terms of the divorce, is generally less expensive. In this case, the parties can often file their divorce papers with the court and obtain a judgment without the need for a trial or other court appearances.