What is a DIVORCE Via E-FILE?
Prior to the Coronavirus crisis (COVID-19), divorces traditionally had to be filed "in person" at the Court. This means the New York State Supreme Court required you to go to the Court in person to submit your divorce papers.
As a result of COVID-19 and to protect the safety and well-being of their staff and visitors to the Court, the NYS Supreme Court "PREFERRED METHOD" for the submission of a divorce is now via the NEW YORK STATE COURTS ELECTRONIC FILING (NYSCEF) website. This procedure is better known as a DIVORCE VIA E-FILE.
DIVORCE VIA E-FILE is when the divorce documents will be prepared by APS and UPLOADED onto the Court's website electronically (as opposed to going to the Court in person to file the documents). This also includes the document(s) for your spouse to sign, APS will prepare and upload as well.
The Court still requires for ALL the divorce forms to be prepared correctly and upon completion, they can be uploaded electronically directly to the Court's website.
This means, you will be E-MAILING the signed document(s) to APS (or return via USPS only) and APS will UPLOAD the signed document(s) onto the Court's website (easy breezy).
You will also have another option where you can sign the documents remotely. For this option, there are NO documents to send to you (to sign before a notary). You will be able to sign the documents before a notary directly on your Smartphone, Tablet, Laptop or Computer and be ANYWHERE in the world.
And if you're asking yourself, "Is APS remote notary services available to my spouse?", then the answer is "YES!", Absolutely, APS remote notary services are also available to your spouse.
If you're ready to start the divorce proceedings and do not need to read any more of the E-FILING information below, click here to start the divorce proceedings.
EXPEDITED DIVORCE: If you and your spouse would like to sign the documents together (AT THE SAME TIME), and be done, then you want an Expedited Divorce.
What are the BENEFITS for E-FILING?
HERE ARE THE BENEFITS FOR E-FILING:
1. No trips to the Court.
2. No travel fees.
3. No lines to wait in.
4. No contact with Court personnel.
5. Your ENTIRE DIVORCE from the beginning to the end will be filed online. Starting with the filing of the SUMMONS WITH NOTICE and ending with the filing of all the rest of the divorce documents.
6. You will have complete access to your ENTIRE FILE online 24 hours a day 7 days a week.
7. If your papers get "rejected" by the Court (sometimes the Court does make a mistake or may have a question), some Counties such as NEW YORK COUNTY (Manhattan) and KINGS COUNTY (Brooklyn) will require you to travel all the way to the Court in person and go to the Matrimonial Department to obtain a letter from the Judge explaining why your divorce papers were rejected and what to do to fix it.
If your divorce is E-FILED, then the rejection letter will simply be in your online account to review, with no trips to and from the Court.
8. GREAT NEWS...When the Court gets to your case and finalizes your divorce, the DIVORCE DECREE (signed by the Judge) will be in your online account.
This means that when you log into your account, you will be able to see the signed DIVORCE DECREE and can print out as many copies as you may need.
Again, this is GREAT NEWS because prior to COVID-19, if you wanted a copy of your Divorce Decree, you would have to do the following (in this order):
- Personally travel to the Court, which means you would have to reserve the time to do this. This may also include "travel fees" (i.e. subway/train) to and from the Court.
- Wait in line to go through the security check point to enter the building (depending on the day and time the lines can be very long).
- Navigate to the County Clerk's Department.
- Wait in another line to speak to the County Clerk to obtain a copy of your divorce decree and there may be a fee applied by the clerk.
- Make your way back home or to your destination (more travel time).
Now as a result of COVID-19 and to protect the safety and well-being of their staff and visitors to the Court, the NYS Supreme Court now allows for a divorce to be filed in Court via E-FILE.
This means no trips to the Court and you can print out as many copies of the signed Divorce Decree as you may need, all taking place from the comfort of your Home!
How does the E-FILE PROCESS WORK?
HERE IS HOW THE PROCESS WORKS:
The divorce documents will be prepared by APS, followed by E-MAILING them to you to obtain your signature. The documents can also be sent to you via USPS only.
After you have signed the documents before a notary, you will E-MAIL them back to APS (or send them via USPS) and they will be UPLOADED onto the Court's website - it's that Simple!
In addition, you will have access to your entire file online 24 Hours a Day and 7 Days a Week.
NOTE: You will need to register with the Court's website (create a USERNAME and PASSWORD) which is easy to do because APS will assist you along the way.
You will also need a DEBIT CARD or CREDIT CARD (in your name only) to process the Court Fees (i.e. $210 for the Index Number) onto the Court's website.
NOTE: Your divorce will be filed 100% online via E-FILE. This means APS will not be able to "Physically" travel to the Court.
