UNCONTESTED DIVORCE WITH NEW YORK COURT FILING

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An uncontested divorce is one where the spouse (the husband or wife) doesn't argue with any aspect of the divorce.
Before Starting
Before you file for a divorce in New York State, you must (1) meet the residency requirement, and (2) have a "ground" for divorce; a legally acceptable reason for the divorce.
If you don't meet these requirements, you may not be able to get a divorce in New York State.
If you have children under the age of 21, the Family Court can help you with issues of custody, visitation and child support before you file for a divorce.
STEP 1: Filing
A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office.
The person who files for the divorce is the Plaintiff. The spouse (the husband or wife who the Plaintiff wants to divorce) is the Defendant.
There is a filing fee of $210 for an index number. The index number is the number for the case.
STEP 2: Serving the Defendant
The Defendant (the husband or wife who the Plaintiff wants to divorce) must be told of the divorce case in person. This is done by delivering the "Summons With Notice" or the "Summons and Complaint" and other papers to the Defendant personally. This is called service.
The Plaintiff has 120 days from the day the "Summons With Notice" or "Summons and Complaint" were filed with the County Clerk to serve the Defendant.
STEP 3: Defendant's Response
After the Defendant is served, he or she will respond in one of three ways:
The Defendant signs the "Affidavit of Defendant." This is a form where the Defendant agrees to the divorce and does not argue with anything that is being asked for in the "Summons With Notice" or "Summons and Complaint."
The Defendant answers. This means that the Defendant has filed an "Answer" with the Supreme Court and will serve the Plaintiff with the "Answer." This divorce is now contested. You may want to speak to a lawyer at this point to get advice.
The Defendant does not respond in any way. This means that the Defendant has defaulted.
STEP 4: Calendaring
If the Defendant signs the "Affidavit of Defendant" or defaults, then complete the rest of the uncontested divorce papers including the "Note of Issue" form.
Depending on the county, these papers are filed at the County Clerk's Office or at the Supreme Court Clerk's Office.
If the Defendant defaulted wait 40 days from the date the Defendant was served, then file the rest of the papers with the County Clerk.
If the Defendant signed the "Affidavit of Defendant" the remainder of the papers can be filed with the County Clerk immediately.
There is a total filing fee of $125.
STEP 5: Judgment
If the divorce is approved, the Judge will sign the Judgment of Divorce. The Defendant must be given a copy of the signed Judgment.
Depending on the county, the Judgment will be mailed to you or you will have to pick it up.
The Judgment must be filed with the County Clerk's Office. you may have to do this. Ask the Supreme Court for more information.
The Defendant must be served with a copy of the Judgment and another "Affidavit of Service" must be completed.
CLICK HERE TO HAVE NEW YORK COURT FILING TAKE CARE OF EVERYTHING FOR YOU. ALL YOU AND YOUR SPOUSE HAVE TO DO IS SIGN YOUR NAME AND YOU WILL BE DIVORCED IN A COUPLE OF MONTHS.