A Conversion Divorce is a legal process that allows a couple to transform a separation agreement into a final divorce decree in New York. This is a relatively simple and cost-effective method for ending a marriage, provided that both spouses have lived separately for at least one year under a valid separation agreement. Below is a step-by-step guide on how to file for a Conversion Divorce New York State

Ensure You Meet the Eligibility Requirements

Before filing, you must meet the following criteria:

• You and your spouse have a legally binding separation agreement that has been signed, notarized, and filed with the county clerk.
• You have lived separately for at least one continuous year as per the agreement’s terms.
• Either you or your spouse has New York residency for at least one year prior to filing.

Obtain and Complete the Necessary Forms

To initiate the divorce, you must file the following documents with the Supreme Court in the county where either spouse resides:

Summons with Notice (Form UD-1) or Summons and Verified Complaint (Form UD-1a & UD-2) – This notifies your spouse that you are filing for divorce.

Sworn Statement of Removal of Barriers to Remarriage (if applicable, Form UD-4) – Required if the marriage was religious.

Affidavit of Service (Form UD-3) – Proof that your spouse was served with divorce papers.

Separation Agreement – A copy of the original, notarized, and filed separation agreement.

Serve Your Spouse

After filing, you must serve your spouse with a copy of the divorce papers. This must be done by someone over 18 who is not a party to the case (such as a process server or friend). Your spouse then has 20 days to respond if served in New York or 30 days if served outside the state.

File Additional Divorce Documents

If your spouse does not contest the divorce, you can proceed by filing the remaining uncontested divorce forms, including:

Affidavit of Plaintiff (Form UD-6)
Findings of Fact and Conclusions of Law (Form UD-10)
Judgment of Divorce (Form UD-11)

Court Review and Final Judgment

Once all required documents are submitted, the judge will review the case. If everything is in order, the court will issue a Judgment of Divorce, officially dissolving the marriage.

Filing for a Conversion Divorce in New York is often a straightforward and cost-effective process. By ensuring you meet the legal requirements and properly filing the necessary documents, you can obtain a smooth and uncontested divorce based on an existing separation agreement.