New York Uncontested Divorce Frequently Asked Questions (“FAQ”)

Q. How does the New York uncontested divorce process work?

A. First, we will email you a simple intake form to fill out at your convenience.  We can discuss any of your questions or concerns.  We will also email you a retainer agreement that explains the scope of our services and your rights as a client.  After we receive your signed retainer agreement, we accept check, credit and debit cards, as well as PayPal.  After your payment is received, we will prepare and file the Summons with Notice and have your soon-to-be ex-spouse served. After your soon-to-be ex-spouse signs his or her papers, you will sign the final papers for filing with the court.  We can either mail or email you these documents.  After that, the court will issue the judgment and you will receive an official copy of your Certificate of Divorce at no additional charge.

Q. How long will my New York uncontested divorce take?

A. The main factor is how long your uncontested divorce will take is how fast your soon-to-be ex-spouse signs and returns the necessary documents.  The faster he or she signs and returns the papers, the faster your divorce will be completed.  Please be aware that the court has its own time table.  We complete and process your divorce documents very quickly.  Most of the waiting time is simply due to court backlog and lag time.  Your case can take about 2-5 months to complete.

Q. What if my spouse refuses to sign the uncontested divorce papers?

A. This certainly can happen. Luckily, you can still get your divorce even without your spouse’s cooperation, but we will have to serve him or her personally (possible extra charge) and wait at least 40 days from the date he or she was served to complete the process.

Q. Will I need to go to court for my uncontested divorce?

A. If your divorce remains uncontested, you will not have to go to court at all.  In fact, one of the advantages of an uncontested divorce is that you never even have to come into our law office.  We can handle the entire process by mail, phone, email and fax.  The only exception is the rare situation where the court orders an inquest if there has been any history of domestic violence and/or orders of protection.

Q. Do you offer payment plans for uncontested divorces?

A. Yes. For your convenience, we do offer payment plans. It will cost slightly more, but you will able to break down the payments into two parts. We require at least $500 to get your case started. After your soon to be ex-spouse signs and returns his or her affidavits, you will need to make the final payment when you return your signed papers to our office to complete the filing process.

Q. What happens if an uncontested divorce becomes contested?

A. Realistically, this is always a possibility.  After your spouse is served with the divorce papers, he or she can decide to contest the divorce, meaning that he or she does not agree with the specified grounds (adultery, abandonment, etc.), the relief sought (divorce), demands for support (child support or alimony), or the terms of property division or child custody arrangements.  If this happens, then your uncontested divorce becomes contested and unfortunately it will cost you (and your soon-to-be ex-spouse) significantly more in terms of legal fees and time, including court appearances.  Because we believe in making the legal system as accessible to you as possible, we have assembled a team of colleagues who are top-notch contested divorce attorneys who I will refer your case to (at no cost to you).

Q. I don’t know where my spouse lives. Can I still get an uncontested divorce?

A. Yes, you can get what’s called a publication divorce.  This process is more costly as there are court mandated advertising methods that must be followed and additional motion practice and legwork required.

Q. What is the advantage of having my soon to be ex-spouse personally served by a third-party process server?

A. If you choose to have your soon to be ex-spouse personally served by our process server, then we have proof that he or she actually received notice (meaning notification) of the divorce.  This will allow us to finalize your divorce even if your spouse refuses or “forgets” to sign and return the papers.  You’ll definitely save some money by opting to not personally serve your spouse, but your case will expire if your spouse delays long enough. Therefore, we always suggest that you choose personal service unless you are absolutely sure that your soon to be ex-spouse will sign and return the papers to us.

Q. Do you serve all of New York State?

A. Yes. Since all documents and communications are handled via phone, email, mail and/or fax, we can represent you in your uncontested divorce no matter where you are located in New York. We offer low cost uncontested divorce services to clients in every other town, county and city in the New York State.

Contact Our Law Office for Your Free Consultation

For your convenience, we offer day, evening and weekend appointments. we promptly return phone calls and emails, even outside of normal business hours. We pride ourselves on being accessible to you from the start to finish of your case.

Contact us now to schedule an appointment to discuss your uncontested divorce or other legal issue.