Can you file for divorce online in New York?
In most of New York, yes. Uncontested divorces are filed electronically through the courts’ e-filing system, NYSCEF, in the counties that use it, which now includes nearly all of them, and the judge reviews and signs the papers without anyone appearing. What “online” does not mean is that a website does it for you: someone has to prepare an agreement that settles children, support and property, and the court forms that go with it. With Smart Divorce NY the sessions are by video, the attorney included in the flat fee prepares and e-files the papers, and most couples never see a courthouse.
What is online and what still has to be done
The filing is electronic. The agreement still has to be real.
- The court’s e-filing. The New York State Courts Electronic Filing system (NYSCEF) accepts matrimonial filings in participating counties, which include Erie, Monroe, Onondaga and Albany. Attorneys file through it; a self-represented person can register to use it as well.
- The DIY option. The courts publish an Uncontested Divorce Program and packet for couples with no children under 21 and an agreement on everything. It is free and it works for simple cases; it does not write the agreement for you.
- Online divorce services. Form-filling websites produce the court forms from your answers. They do not mediate, do not give legal advice, and the agreement they generate is only as good as what you typed, and a thin agreement is what gets papers sent back by the court and what causes disputes later.
- Mediation by video. The sessions, the agreement and the filing can all happen without either of you leaving home. That is the whole process, not just the last step.
- When you must appear. Rarely. A judge can require an appearance, and a few counties schedule a brief one; contested cases always involve the courtroom.
NYSCEF: New York State Courts Electronic Filing. New York Courts Uncontested Divorce Program and DIY forms.