This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
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.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
If you were served with a Summons With Notice, then you must file a written response called a “Notice of Appearance and Demand for Complaint.” Essentially, you are telling your spouse's lawyer that you will want to request your own relief in this divorce action and that you want to see the Verified Complaint.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
If the divorce is uncontested, the judge will not have to make any decisions about the terms at the hearing. Instead, the judge will review the terms to which both parties have agreed and may ask a few questions.
Answer only. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. For instance, you might agree with paragraphs 1, 2, 3, 7, 8 of the complaint for divorce, but disagree with paragraphs 4, 5, 6 of the complaint for divorce. Write that in the Answer.
To get a copy of a divorce decree, contact the County Clerk. If the divorce was granted before January 1, 1963, the divorce decree is the only type of document available. Divorce Certificate. This document contains basic information about the spouses, and the date and place the marriage ended.
Yes. You need your final divorce order. Each court is different. However, today, most judges simply sign them. The ``stamp'' will be the automatically-generated docket information appearing on each page when the court, your attorney, or even you, file something electronically in the court's record/docket.
Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy.