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> County Clerk Divorce Information

Information For Filing Divorces In Tompkins County

The New York State Unified Court System provides uniform uncontested divorce packets, filing instructions and glossary at no fee. The packet and the instructions are available from the Supreme Court Clerk's Office on the first floor of the courthouse in Ithaca.

An index number is obtained from and papers are filed at the County Clerk's Office in the basement of the courthouse. The clerks are neither qualified nor allowed to give legal advice and are not there to fill out forms for people. There is, however; a notary public available to notarize signatures and clerks can help sort out what forms are needed.


MATRIMONIAL FEES    
Index Number $ 210.00
RJI Number $ 95.00
Note of Issue $ 30.00
Certificate of Dissolution $ 5.00
2 Certified Copies $ 10.00

Total $ 350.00

Separation Agreement $ 5.00

Stipulation of Settlement $ 35.00

If a separation agreement has already been filed, please supply a copy if possible or mention the fact that it has already been filed. If an agreement has been filed in another county, it is best to submit a certified copy of it with your divorce papers.

All fees do not have to be paid at the time of filing the summons with notice or the summons and verified complaint. The $210.00 index number fee has to be paid at this time if poor person's status is not being applied for. The remaining $140.00 ($145 with a separation agreement, $175.00 with a stipulation of settlement) will be required when the rest of the papers are submitted.

Any stipulation settling the action or agreeing on terms, including an adoption of an oral stipulation placed on the record or a stipulation and opting-out agreement, will be considered a stipulation of settlement, and a $35.00 fee will be charged unless the plaintiff has poor person's status.

Fees are conditionally waived upon submission of poor person's affidavit. Fees may have to be paid later if the supreme court justice does not grant poor person's status. The summons and verified complaint must be filed at the time poor person's papers are submitted. A copy of the poor person's affidavit is required to be served upon the county attorney. The county clerk has an affidavit of service form for documenting this service.

Some of the forms in the packet may not be applicable to an individual's situation. A verified complaint is required without exception whether a summons with notice or a summons has been or is being submitted with it.

Please submit copies of any existing family court orders.

Dated 5/12/04

Tompkins County Clerk