What’s the New York Uncontested Divorce Process?

If you and your spouse can agree upon the key factors dealt with in divorce, then you can get a New York uncontested divorce.

The New York uncontested divorce process does not require court appearances, so you will not have to go to court.

Basically, once you retain our law firm to represent you in your uncontested divorce this is the process:

  1. We first need to officially start the uncontested divorce action in the New York State Supreme Court.  To do this we file a Summons with Notice with the County Clerk and purchase an Index Number.  The Index Number costs $210 and is required to officially start your divorce.
  2. Once we obtain an Index Number, next we have your spouse served with the Summons with Notice and the Affidavit of Defendant.  If you know your spouse will sign and notarize the required documents, then you don’t have to pay the extra fee for a third party process server to officially serve your spouse.  We can just have him or her sign the Affidavit of Defendant.  If your spouse refuses to sign, then we have him or her served and file the Affidavit of Service with the County Clerk.  If your spouse does not respond within 40 days we move for a Default Judgment asking the Court to grant you your divorce by default.
  3. You sign and notarize the documents that we need you to sign.
  4. Then we put together and file the final uncontested divorce papers with the Court.
  5. We then wait for the Court to grant you your divorce.

This, in a nutshell, is the New York uncontested divorce process.  To schedule a free initial phone consultation with one of our New York uncontested divorce lawyers, please call (866) 830-2064.

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