Heidi E. Opinsky

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Can Divorce Papers be Served Online in NY? │ Heidi Opinsky Law

If You are Going through an Uncontested Divorce, You Can File for Divorce Online

Divorce is becoming a common topic amongst households in America. Recent Statistics reveal that the United States has the 13th highest divorce rate in the world. (1) 

Just because divorce rates are so high, it does not make the process any easier. It’s no secret that going through a divorce is highly stressful, and financially draining. For this reason, many individuals seek to make the process smoother and file for divorce online. 

However, not all divorces can be filed online.

Individuals can only file for a divorce online if they are going through an uncontested divorce.

Before individuals move forward with the online divorce process, they need to understand whether their uncontested divorce qualifies or not in the state of New York. In New York the requirements for filing a divorce are relatively easy to meet since both no-fault and fault-based applications are permitted. New York also does not have a minimum waiting requirement either.

Filing an Uncontested Online Divorce in NY

Once both divorcing parties are certain they meet the residency and application requirements for New York, they can proceed with preparing their paperwork and paying the fees.

The paperwork required for an online divorce includes:

  • The Summons and Complaint
  • Summons with Notice
  • Notice of Automatic Orders
  • Settlement Agreement 
  • Notice of Continuing Healthcare Coverage

This is a lot for a person to try and fill out on their own, especially when they are dealing with the emotional pain and significant life changes that come with a divorce. For this reason, it is always best to connect with a family law attorney and get proper legal support to ensure a successful divorce process.

It is important to note that even if a divorce has been filed online, the papers must be served in person to the spouse within 120 days of the initial papers being filed.

Can Divorce Papers be Served Online for a Contested Divorce? 

In a contested divorce, you and your partner do not agree to the details of the divorce. This disagreement could be regarding asset division, child custody, child support, or even the divorce itself. Since contested divorce requires a significant amount of negotiation and the involvement of the court, it Is not possible to have an online divorce in such cases.

If you are going through a contested divorce, you need to make sure your rights are being protected and your voice is being heard. The best way to ensure a smooth legal process in such complex cases is by getting in touch with a qualified and experienced divorce attorney.

Connect with Heidi Opinsky, Divorce Lawyer in NY Today

The divorce process can get complicated, especially when you are going through a contested divorce. Whether your divorce is contested or uncontested, it is always best to get in touch with a qualified divorce lawyer to learn more about the legal process of your case.

Connect with divorce lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to get proper legal advice regarding your divorce.

Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible.


1. https://worldpopulationreview.com/country-rankings/divorce-rates-by-country