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NY DIVORCE LAW PROCESS
For a Contested Divorce, please read:
The Contested New York Divorce - A General Outline
Uncontested Divorce:
Prior to filing your uncontested divorce, please review Your Divorce Options, which will explain the services offered by our firm including uncontested divorce, contested divorce services, separation agreements, conversion divorces, child support determinations, and other issues that may arise during your divorce action.
As a general rule, the following process presents a basic outline of a typical divorce action being handled by our firm.
1. Intake
The first step in obtaining your divorce through our firm would be to access our Start Now page. Collect all of the information requested, as you will be asked to complete a Client Information Form, which will be forwarded to our office. Within 24 hours, we will contact you to arrange payment.
2. Initial Filing-
After collection of your information, we will draft and file a Summons and Complaint, which will be mailed to you for signature, along with several other forms and instructions. Upon return of these documents, we will file the documents in your county’s Supreme Court, officially commencing the divorce action.
3. Service-
A copy of the initial papers will be delivered to your spouse by a process server (an individual who professionally delivers legal papers in accordance with state law). Once the papers are ‘served’ upon your spouse, we will provide the court with an Affidavit attesting to this ‘service’. Your spouse will then have 30 days to respond to your Summons and Complaint.
4. Response-
At this point, your spouse may agree to the terms of the divorce as presented in your papers, or, in the alternative, deny the allegations set forth in your papers through a written answer. If your spouse agrees to the terms of the proposed divorce, it is deemed to be uncontested and may be completed with minimal court intervention. If, however, your spouse opposes your request for a divorce, then the action becomes ‘contested’. (unlike other services / firms, we can represent you in both contested and uncontested proceedings.) (See how we compare to these other services / firms)
5. Additional Documents ( Affidavits, Waivers, Worksheets, etc.) -
If the consent of your spouse is obtained, then we will send you additional mailing packet with the remainder of the uncontested divorce papers. If your spouse fails to answer the papers, you may still be able to obtain a divorce without court intervention.
6. After Submission
After your papers are received by the court, the court clerk’s office reviews the paperwork and may send it back to you for additional information, or send the papers to a Supreme Court Justice, who may then issue your ‘Judgment of Divorce’. At this stage, the court may take from two weeks up to two months to return your judgment.
We recommend that all parties receive at least one court-stamped 'certified' copy of their Judgment of Divorce, which will cost $5-10 per copy, as a certified copy of their Judgment may be required for future reference.
