Uncontested Divorce Lawyer New York
An uncontested divorce is one where you do not expect your spouse to disagree with any aspect of the divorce or when your spouse does not respond to the court papers served on him/her. In cases of uncontested divorce, you may represent yourself, but a lawyer might still be helpful, especially if your spouse has one.
To get an uncontested divorce, you generally have to file documents with the court. You and your spouse generally do not have to make an appearance in court.
If I think the divorce will be uncontested, what are the steps I need to follow to begin the divorce?
Step 1: Grounds
You must first have grounds (a legally acceptable reason) to ask for a divorce. For more information, please review the section: What are the grounds for divorce?
If you are filing for a divorce after a separation agreement, you must both have a properly written agreement that has to havevery specific legal language in it to be valid. We strongly suggest that you have a lawyer draw up the agreement so that it meets the legal requirements. You both must sign the agreement in front of a notary and at some point, file it in the proper court in the county where you live. Then, you must live apart, according to the terms of your agreement, for at least one year before filing for divorce.
If you are filing for a fault-based divorce or a “no-fault” divorce action, then you do not need to write a separation agreement. Again, we suggest having an attorney assist you with filing for your divorce.
Step 2: Fill out and file the proper forms and pay the fee
For an uncontested divorce, you will need the Uniform Uncontested Divorce Packet, which we will prepare for you. Many of the forms can be very complicated and it is important having the help of an attorney.
You will also have to pay certain fees to file for the divorce.
Step 3: Service of Process
Your spouse must be personally served with a copy of all necessary papers – be sure to clarify with the clerk what exactly needs to be served upon your spouse. This means that a person other than you, who is a New York resident, age 18 or older, must personally give your spouse the papers. The server may be a friend, family member, or professional process server. Summons may be served Mondays through Saturdays, but there is no service of process on Sundays.
If your spouse lives in another state, you will need to follow the rules of that state. We would need to call the local sheriff to find out how to have the papers served in that state.
Step 4: In an uncontested divorce, possibly receive the Affidavit of Defendant (Form UD-7)
If you file for divorce and your spouse agrees to the divorce, s/he will need to sign the Affidavit of Defendant (Form UD-7) and send it back to you. S/he has 40 days to do this. If it is not done within 40 days, you can file for the divorce based on his/her default.
If your spouse will not complete and return the Affidavit of Defendant –
Then whoever served him/her with the papers must prepare an Affidavit of Service (Form UD-3), proving that your spouse received copies of the divorce paperwork. If you were married in a religious ceremony, then you must also fill out a copy of the Sworn Statement of Removal of Barriers to Remarriage (Form UD-4) and someone other than you, over the age of 18, must send a copy of it to your spouse either by personal service along with the Summons With Notice or the Summons and Verified Complaint, or by mail. Check with the clerk to see what other forms, if any, also need to be mailed to your spouse.
If your spouse files a Notice of Appearance
disagreeing with anything in the papers, then this is no longer an uncontested divorce. You may want to consult an attorney immediately if this happens.
Step 5: Place your divorce case on the court calendar, possibly appear in court multiple times, and get the judgment for divorce
The forms that you need to file to get your divorce on the court’s calendar and in front of a judge will be different based on if your spouse signed the Affidavit of Defendant (Form UD-7) or a notice of appearance. There are multiple forms that need to be filed and again, we suggest having the help of any attorney to make sure everything is done properly. The time it takes to get the judgment of divorce will be much different if you are filing an uncontested or contested divorce – for contested divorces, there will multiple court appearances, hearings, and possibly a trial – this could all take many months or even years. For uncontested divorces, you can be granted a judgment of divorce without appearing in court but there could still be a significant wait depending on how busy the court’s calendar is.
Note: If you are served with divorce papers by your spouse but you do not agree with the terms that your spouse is asking for in the divorce, you can contest the divorce by filing a Notice of Appearance in court within 20 days of being served with the divorce papers or by hiring a lawyer to do so for you. The Notice of Appearance tells the court that you plan to participate in the divorce proceedings.
We Provide You With Detailed Instructions On Filing & Finalizing Your Divorce. Call Now. Our Attorneys Have Assisted Many Customers In Filing over the past years.
