An uncontested divorce is where you and the person you want to divorce agree to end your marriage and you agree about what will happen to your finances and property after the divorce. This is usually done by you filing the papers and then the person you want to divorce returns the Affidavit of Defendant to you.
But an uncontested divorce can turn into a contested divorce if the person you want to divorce does not want to get a divorce or does not agree with what will happen to your finances and property after the divorce and files a Notice of Appearance.
If you're served with divorce papers, click here for more information.
Use our partner program, LawHelp Interactive to fill for an uncontested divorce in New York.
You can use this program if:
- You and the person you want to divorce are over 18 years of age,
- You and the person you want to divorce have no "children" under 21 years of age,
- Your marriage has been over for at least 6 months and your relationship can't be saved, AND
- All marital property issues, including debt, have been settled.
You will need the following information with you when you use this program:
- The name, previous last names (if any), current address, social security number, and phone number of the person you want to divorce.
- A copy of your marriage certificate.
- If you have any of the following: Settlement Agreement, Order of Protection, etc.
- If you have an extreme financial hardship and can't afford the court fees: information about your income, the things you own, and how much you spend a month on utilities and rent.
Go to LawHelp Interactive where you will be asked a series of questions.
When you finish this program, you will be able to print Instructions and the papers you need for your uncontested divorce. Print on only one side of the paper.
You must file your papers with the County Clerk. The County Clerk's information will be printed in the instructions.
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