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If you received a "Summons With Notice" If you were served with the Summons With Notice, then you must file a "Notice of Appearance and Demand." You can download the Notice of Appearance from NYCourts website in a Word Document. Look for form GF-29 to find the Notice of Appearance form online. Make 2 copies.
In New York, courts have a substantial backlog of cases, and the timing of when you file your divorce can have an impact on the duration of your case. January, for example, is considered a popular month to file for divorce, which can increase caseloads and affect how quickly your case is processed.
An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
The court will issue a judgment of dissolution of marriage outlining the terms of your divorce. The marital settlement agreement attached to the judgment will detail all the terms of the divorce including the division of assets and debts, child support, child custody, visitation, and spousal support.
The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. You should go to the Supreme Court in the county where you or your spouse now live. You cannot get a divorce in Family Court.
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.
The Judgment is an Order from the court that says that two people are divorced. After the Judge signs the Judgment (1) it must be filed with the County Clerk's Office and (2) the Defendant must be served a copy of it.