What happens after the divorce agreement is signed in New York?

Making the agreement count

Domestic Relations Law § 236(B)(3) sets the rules for a valid agreement. It must be in writing, signed by both spouses, and acknowledged like a deed. Acknowledged means signed before a notary or similar official.

The agreement can cover property, support, and the custody and care of the children. Child support terms must still meet the rules in DRL § 240. A judge reviews them before signing.

In mediation, the mediator helps the spouses reach these terms. An attorney then drafts or reviews the written agreement and the court papers.

Submitting the papers

• File the agreement with the County Clerk. CourtHelp lists a $35 fee.
• Complete the remaining uncontested forms, including the proposed Findings of Fact and Judgment of Divorce.
• File the Note of Issue and Request for Judicial Intervention, with $125 in combined fees.
• Include the Certificate of Dissolution and, in some counties, a stamped postcard or envelope.

Some counties accept these papers through NYSCEF, the court's e-filing system. Matrimonial e-filings are not open to the public online.

Judgment, entry and notice of entry

A judge reviews the papers. If there are no problems, the judge signs the Judgment of Divorce, and the court or County Clerk contacts the filer. The court pages give no standard wait time.

The signed judgment must then be entered. Entry means the County Clerk records it and stamps the entry date. In some counties the court does this. In others, the filer brings it to the clerk.

Next, the other spouse is served with a copy of the entered judgment and a Notice of Entry (UD-14). Someone other than the filer must serve it, and mail is allowed. That person signs an Affirmation of Service (UD-15).

A certified copy of the judgment is useful as proof of the divorce. CourtHelp says it usually costs $4 to $10.

Changing your name

DRL § 240-a requires every divorce judgment to say that each spouse may resume a premarriage surname or other former surname. The court forms ask for any prior surname.

Agencies and banks often ask for a certified copy of the judgment when you update your name. Each one sets its own process.

Updating property and accounts

The court instructions warn that a house, condo or co-op does not transfer by itself. A new deed or assignment must be signed, notarized and filed. Check with the lender or an attorney if there is a mortgage.

Many people also review beneficiaries on life insurance and retirement accounts, wills, and the names on bank accounts and utilities. An attorney or the account provider can explain what each one needs.

If child support services were requested, the packet says certain papers go to the Support Collection Unit within 20 days after entry.