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Commonly Asked Questions about Divorce and Custody Forms

Forms are available at .nycourts.gov or at the Family Court Clerks office. If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief. In such cases, a Judge reviews the petition and makes a determination of how best to protect the child.
If you are filing for an uncontested divorce, free forms are available for you to use: If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
The court considers various factors in granting full custody, giving priority to factors like: The childs relationship with each parent. Any history of child abuse, neglect, or substance abuse issues. Each parents ability to provide for the childs physical and emotional needs.
You can get copies of divorce judgments or other written orders in divorce cases from the County Clerk. Copies of documents, other than the Judgment of Divorce itself, can only be obtained by one of the parties involved or by an attorney who is representing one of the parties.
Negotiating a divorce agreement to submit to the court is an option that can accelerate the process docHubly. The court will have to verify that there are no issues with the agreement docHubed, but typically, this is not an issue when you have a New York divorce lawyer to work with.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.