What Is the Process of an Uncontested Divorce in New York?

Posted By Staten Island Divorce Attorney || 21-Jun-2013

An uncontested divorce can be much easier and quicker than a contested divorce. In an uncontested divorce both spouses have to agree on every issue in their divorce. For an uncontested divorce to occur, one spouse will receive divorce papers and he or she can either choose to sign them or contest certain matters in the papers. If the spouse signs the papers and sends them back then that means they agree and the divorce can move forward according to the papers.

An uncontested divorce can also take place if the spouse who receives the papers does not return them after a certain amount of time. For this to happen there has to be proof that they were served correctly and the other spouse is intentionally not answering. If the spouse disagrees with aspects of the divorce that are in the papers the divorce becomes a contested divorce and the parties may have to endure court time and several negotiations. If you are involved in an uncontested divorce it is important to have a skilled Staten Island divorce lawyer look over the papers to ensure that your rights are protected.

The legal process for an uncontested divorce can vary by couple but the general guidelines include:

  1. Drafting a Summons with Notice
  2. Filing the Summons with the court
  3. Purchase an index number or case number
  4. Notarize and sign the documents once the case number is received
  5. Court will review the documents
  6. Court will sign a Judgment of Divorce

This process avoids the hassle of court appearances and negotiations which can alleviate some stress from the divorce. If you are interested in settling your divorce cooperatively and outside of the courtroom speak with a Staten Island divorce attorney from The Law Offices of Adelola Sheralynn Dow. Attorney Dow is skilled at completing uncontested divorces in a timely and easy manner so contact the firm today!