FEES (APS & COURT)
How much is an Uncontested Divorce with "No Child(ren)" under 21?
An Uncontested Divorce with "No Child(ren)" under 21 years old is a flat rate of $299 within the NYC area (Court filing fees totaling $335 are not included as explained below).
Here Is The Breakdown Of The Fees:
$299 - APS Fee
$210 - for the Index Number
$125 - for the Note Of Issue/RJI
$634 TOTAL COST
In order to qualify for the $634 rate, you have to meet the following Three (3) conditions below:
(1) You have No Children under the age of 21 years old.
(2) You have No Property.
(3) Your Spouse Will Sign the document(s) before a notary.
If you have "Property", then the price will be more and will be determine base on the volume of information to be included in the Stipulation Of Settlement.
If your spouse will NOT sign the divorce document(s) before a notary (as required by the Court), then you will be paying additional money to obtain a divorce without your spouse's signature.
You will need the AFFIDAVIT OF SERVICE document to obtain a divorce without your spouse's signature. In addition, your spouse MUST BE SERVED WITH THE DIVORCE PAPERS as explained here (go to section #4 "Serving Spouse The Papers").
NOTE: If you live outside of the NYC area (i.e. Westchester County), APS flat rate is slightly higher to cover the travel expenses.
UPDATE: No travel fee applied because divorces are now E-FILED to the Court.
VERY IMPORTANT NOTE: To obtain an Uncontested Divorce, there are "specific" mandatory documents to be filed in Court. Each one of these documents have a title, for example, SUMMONS WITH NOTICE is one of several documents to be filed in Court.
The flat rate of $299 covers those specific mandatory documents only.
If you require any "additional" document(s) to be prepared, such as a "Stipulation Of Settlement", there will be an additional fee applied for APS to draft the document for you. Also, the Court may charge an additional fee as well, to accept the document from you.
If your case involves any "additional" work to be performed, then APS will have to apply a fee accordingly to do the additional work.
For Example, your spouse decides to consult with a lawyer (or hire a lawyer) and the lawyer requests additional work to be performed by APS in order for your spouse to sign the divorce document(s) before a notary.
Depending on the volume of "additional work" to do, will determine the amount APS will have to charge to fulfill the request.
How much is an Uncontested Divorce "With Child(ren)" under 21?
An Uncontested Divorce "With Child(ren)" under 21 years old is a flat rate of $399 within the NYC area (Court filing fees totaling $335 are not included as explained below).
NOTE: If you live outside of NYC, then per the Court, you will have to file a STIPULATION OF SETTLEMENT along with your divorce. For a detailed explanation, scroll down below to Section #10.
Here Is The Breakdown Of The Fees:
$399 - APS Fee
$210 - for the Index Number
$125 - for the Note Of Issue/RJI
$734 TOTAL COST
In order to qualify for the $734 rate, you have to meet the following Three (3) conditions below:
(1) You have a Child (or Children) under the age of 21 years old.
(2) You have No Property.
(3) Your Spouse Will Sign the document(s) before a notary.
If you have "Property", then the price will be more and will be determine base on the volume of information to be included in the Stipulation Of Settlement.
If your spouse will NOT sign the divorce document(s) before a notary (as required by the Court), then you will be paying additional money to obtain a divorce without your spouse's signature.
You will need the AFFIDAVIT OF SERVICE document to obtain a divorce without your spouse's signature. In addition, your spouse MUST BE SERVED WITH THE DIVORCE PAPERS as explained here (go to section #4 "Serving Spouse The Papers").
NOTE: If you live outside of the NYC area (i.e. Westchester County), APS flat rate is slightly higher to cover the travel expenses.
UPDATE: No travel fee applied because divorces are now E-FILED to the Court.
VERY IMPORTANT NOTE: To obtain an Uncontested Divorce, there are "specific" mandatory documents to be filed in Court. Each one of these documents have a title, for example, SUMMONS WITH NOTICE is one of several documents to be filed in Court.
The flat rate of $399 covers those specific mandatory documents only.
If you require any "additional" document(s) to be prepared, such as a "Stipulation Of Settlement", there will be an additional fee applied for APS to draft the document for you. Also, the Court may charge an additional fee as well, to accept the document from you.
If your case involves any "additional" work to be performed, then APS will have to apply a fee accordingly to do the additional work.
For Example, your spouse decides to consult with a lawyer (or hire a lawyer) and the lawyer requests additional work to be performed by APS in order for your spouse to sign the divorce document(s) before a notary.
Depending on the volume of "additional work" to do, will determine the amount APS will have to charge to fulfill the request.
How much are the Court Filing Fees?
The Court filing fees totaling $335 (are NOT included in APS fee) and is done by making two (2) separate payments to the County Clerk's Office (within NYC).
You will need to make the FIRST Payment of $210 to purchase an "INDEX NUMBER" (this is to start your case in Court).
When the time comes to file your remaining batch of documents (i.e. after your spouse returns the document(s) to you OR your spouse has defaulted), you will need to make the SECOND Payment in the amount of $125 for the "NOTE OF ISSUE" (and only at that time the Court will permit you to submit the remaining batch of documents as well).
NOTE: If you live outside of NYC (i.e. Westchester County), the Court filing fees are slightly higher, and you may have to submit additional documents.
