What Forms Do I Need to File for Divorce in Delaware County?

The first step of any divorce is completing the necessary set of documents for filing with the court. To prepare for your marriage dissolution, you can use the Delaware County divorce forms in PDF format presented in this article.

Here are the most commonly used legal forms that spouses may need for an uncontested case:

  • Verified Complaint. The party who is the plaintiff in the case fills out this form to ask the Delaware county court for divorce. It covers compliance with residency requirements, grounds for divorce, etc.
  • Summons. This document is used to notify the defendant of the lawsuit and inform about the period provided for the response.
  • Affidavit of Service. The document confirms serving the respondent with the required paperwork with Delaware County court and clarifies who and when delivered the documents to the other party.
  • Sworn Statement of Removal of Barriers to Remarriage. If spouses were married under a religious ceremony, in this document, the petitioner states that they have completed all the steps to remove the barriers to the respondent’s remarriage.
  • Affidavit of Defendant. This form is signed by the respondent if they agree to divorce and accept papers from the petitioner without being served.

Please note that the list of documents required for your case may vary depending on the specific conditions of divorce.

How to File Divorce Papers in Delaware County?

To file for divorce in Delaware County, you can specify an irretrievable breakdown of your marriage lasting at least 6 months as a no-fault ground for your divorce, or you can state a fault-based reason, which can be abandonment, adultery, imprisonment, or cruel treatment. Also, before filing for divorce, make sure you meet the state residency requirements.

To get a New York divorce in Delaware county, you need to go through the following steps shown on the image below.

Check with the court if you need to file the Judgment with the county clerk’s office and serve it on the defendant along with the Notice of Entry. After the service is completed, file another Affidavit of Service.

Where Do You File Divorce Papers in Delaware County?

When filing for divorce, you will need to submit documents to the Delaware County divorce court located at one of the following addresses. You can also use e-filing through the statewide NYSCEF system after checking if this service is available for you.

Court Name Court Address Working Hours Phone Number
Delaware County Supreme Court 3 Court St, Delhi, NY 13753 Monday-Friday: 9am-5pm (607) 376-5400
Delhi Town Court 3 Court St, Delhi, NY 13753 Monday-Friday: 8:30am-4pm (607) 746-2130
Middletown Town Court 42339 State Highway 28, Margaretville, NY 12455 Monday-Friday: 9am-4pm (845) 586-2575
Andes Town Court 115 Delaware Ave, Andes, NY 13731 Wednesdays: 6pm-9pm (845) 676-4791
Bovina Town Court 61 Maple Ave, Bovina Center, NY 13740 Tuesdays: 6pm-9pm (607) 832-4451

How Much Does It Cost to File Divorce Papers in Delaware County?

The current Delaware County divorce filing fees are about $315-$400, depending on the case and the required forms. The average cost of an uncontested divorce without the involvement of a lawyer ranges from $350 to $1,000 and may amount to $1,500-$5,000 if spouses decide to hire an attorney. Expenses for a contested case will be significantly higher, reaching $15,000-$20,000 or even more.

How Long Does It Take To File Divorce Papers in Delaware County?

The divorce in Delaware County may last from about 2 months to a year or more. If the respondent signs the Affidavit of Defendant, you can schedule a court hearing soon after filing the papers. However, if you have to serve the defendant, you need to wait at least 40 days after the party receives the documents to place the case on the court calendar. After this, the duration will depend on the complexity of the case and the amount of time you will need to negotiate, resolve the issues, and attend all the hearings.

Can I File My Own Divorce Papers in Delaware County?

In case your spouse cooperates and there are no disputes between you regarding marriage termination issues, filing for divorce in Delaware County on your own may be a good option to avoid the involvement of a lawyer and extra expenses.

Who Can Help with Filling out Delaware County Divorce Papers?

Using our reliable document preparation service, you can complete Delaware County divorce papers online in a few days without the necessity to determine and search for the required forms on your own. In addition to a set of court-approved legal papers, you will receive filing instructions, affordable prices, and several document delivery options to choose from.