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Because these issues have been settled, there is no need to litigate them in court. As a result, typically the judge will simply sign off on the terms and issue a final decree of divorce.
Before you file for a divorce in New York State, you must (1) meet the residency requirement, and (2) have a "ground" for the 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 no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
Forms with Accompanying Steps to Getting A Divorce In New York Form 1. Summons (UD-1a or A-2) ... Form 2. Verified Complaint (UD-2 or A-3) ... Form 3. Summons with Notice (UD-1 or A-1) ... Form 4. Affidavit of Service (UD-3 or A-4) ... Form 5. Sworn Statement of Removal of Barriers to Remarriage (UD-4 or A-6) ... Form 6. ... Form 7. ... Form 8.
In an uncontested divorce, the Note of Issue informs the court that either through default or settlement the matter can now proceed to divorce through documents submitted to the court without the necessity of a trial before the court.