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Can You Get Divorced Online on Long Island, New York?

by | Feb 6, 2024 | Divorce Long Island, NY

These days, most of us live a large portion of our lives online. We shop online, talk to friends through social media, and work through web-based platforms. With your day-to-day activities so connected to the internet, you might be wondering if you can get divorced online, too. In this article, we will cover the ins and outs of getting divorced online on Long Island, NY: who is eligible, what it costs, and more.

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Is Online Divorce Legal on Long Island, New York?

In short, the answer is yes: You can get divorced online in both Suffolk and Nassau counties on Long Island, NY. This might sound appealing, but it is important to remember that online divorce is subject to a few different eligibility criteria and requires a highly amicable split. In reality, online divorce is very infrequent on Long Island, NY, as many divorces involve complicated disputes and considerations that require legal assistance.

Who Can Get Divorced Online in New York?

There are two basic requirements for filing for an online divorce on Long Island, NY. The first is a residency requirement. Either you or your spouse must have lived in New York for at least two years before the divorce. If that is not true, then one of the following must be:

  • You were married in the state of New York and one of you is still a resident.
  • You lived in New York together while married, and one of you is still a resident.
  • The grounds for divorce took place in New York and one of you lived in the state for one year immediately preceding the divorce filing.

While these restrictions might sound complex, they are built to give couples different pathways to establish residency. But ultimately, residency is the simpler of the two requirements. The more challenging criterion is that the divorce must be uncontested.

An uncontested divorce means that you and your spouse are in full agreement regarding your plan with children (including custody, visitation, and child support), finances (including spousal support, or alimony), and division of property. You also need to agree on the “grounds” for divorce, which is your legal reason for separation. The simplest solution is what is known as a no-fault divorce or “Irretrievable breakdown in relationship for a period of at least 6 months”.

What If My Spouse and I Can’t Agree on Divorce Terms?

While online divorce might sound like an appealing option, the reality is that many couples have a difficult time agreeing on the items listed above. If the terms of your divorce are disputed or if the grounds for divorce fall into New York’s “fault-based” category, then you will likely need legal assistance for your divorce.

The grounds for “fault-based” divorce in New York include:

  • Abandonment of one or more years
  • Three or more years of imprisonment
  • Infidelity
  • Imprisonment
  • Cruel or inhuman treatment (e.g. physical, verbal, or sexual abuse)
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

If any of these categories apply to your situation or if you and your partner cannot agree on the terms of your divorce, then it is important to get a lawyer involved to protect you and your best interests. In that case, online divorce will not be the right fit for your case.

What Does It Cost to Get Divorced Online on Long Island?

To file for divorce online directly through the New York court system, you will need to pay a $210 index fee as well as around $335 in court filing fees, totaling about $445. There are also online divorce services that will help you prepare the necessary paperwork for an additional flat fee that usually ranges from $199 to $500.

Is Online Divorce Common on Long Island, New York?

Online divorce on Long Island is less common than you might think. The fact is that most couples have a hard time agreeing on all the grounds for divorce, especially in situations where there has been ongoing conflict that has led to the disintegration of the marriage. In most cases, it is advisable to hire an experienced divorce lawyer who will help you protect yourself and your assets.

Hornberger Verbitsky, P.C. Is a Trusted, Affordable Divorce Lawyer on Long Island, New York

Online divorce is not for everyone. If you are going through a contested divorce, it is important to hire a strong divorce lawyer who will look out for your best interests. At Hornberger Verbitsky, P.C., we’re here to help.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form and we’ll get in touch with you.

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
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Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.

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