Divorce Next Steps

Getting Started

This guide will walk you through the steps involved in filing for divorce in New York State, whether your spouse agrees to sign the divorce papers or not.

Please note that this guide is for informational purposes only and is not a substitute for legal advice. If you have any questions about your specific situation, please consult with an attorney.

Step 1: Office Appointments and Document Delivery

Our office will contact you shortly after you submit a complete questionnaire and pay our preparation fee to arrange your document signing. In-person office appointments are not required, as we can send the required documents to you by email or US mail. These documents only need to be signed by you. Your spouse is not required to sign them.

Your first court fee of $210 is due, which should be paid with a money order. You will also need to pay the messenger fees if you have not done so already.

Step 2: Receiving Your Index Number

Shortly after your documents are signed, the court will issue you an index number, which expires in 120 days from the date issued. Once we have the index number, we will contact you afterwards. Then your case will proceed to Step 3, which is outlined in the following scenarios.

Step 3: Scenario Breakdown

You must complete one of the following scenarios before the index number expires in 120 days:

Scenario #1: If your spouse willingly signs the documents.

First, Your Spouse Signs the Document

Once your spouse’s documents are ready to be signed and notarized, we will notify you. You can pick them up, or we can email them to you so that you can give them to your spouse. We never deal with your spouse directly, and therefore we do not mail or deliver documents to your spouse for signing.

Your spouse will sign the documents in front of a notary before the 120-day index number expires, or they may schedule an appointment with our office to come to our office to sign the documents. If your file involves property or children, you will also need to sign the document, but you do not have to sign at the same time as your spouse.

Once your spouse has completed the documents and returned the originals to our office, they do not need to sign any additional documents.

Second, You Sign the Documents

We will contact you shortly after your spouse signs the documents to set up your appointment or email you the documents.

This is when your next court fee is due, which should be paid with a money order. The fee averages $125 but may vary by $50 or so depending on the county. These documents only need to be signed by you. Your spouse is not required to sign them.

Scenario #2: If your spouse refuses to sign the documents, they will need to be served with the divorce papers.

First, Your Spouse is Served

If your spouse (defendant) refuses to sign the divorce papers, you can hire a process server to serve them before the 120-day index number expires. Or, if you prefer, we can arrange a process server for a nominal fee if you need one. From this point, there are three possible outcomes:

  1. If your spouse does not respond, they are in default, and we will continue with the divorce process without their signature.
  2. If your spouse is served and responds, we will prepare additional documents, and serve them by US mail at no additional cost.
  3. If your spouse hires an attorney to contest the divorce after being served, We The People can no longer continue working on your case. However, we will provide you with copies of all the documents we have prepared so far so that you do not lose the benefit of the fee you paid us.
Second, You Sign the Documents

If your spouse does not contest the divorce, we will contact you approximately 5-6 weeks after your spouse has been served. This is due to the court’s rules regarding waiting periods after a party is served with divorce papers.

This is when your next court fee is due, which should be paid with a money order. The fee averages $125 but may vary by $50 or so depending on the county.

These documents only need to be signed by you. Your spouse is not required to sign them.

Step 4: Processing and Court Decision

Lastly, we will file this final set of documents and wait for the court’s decision. The court turnaround time continuously changes depending on the court’s schedule, but we can provide an estimate at the time of filing.

The court will notify our office once your judgment of divorce is ready for We The People to pick up. Each certified judgment is $15.