Although divorce is seldom easy, especially in New York, an uncontested divorce by definition is the easier way out.  The alternative, a contested divorce, will cost a lot more in time, money and stress for both spouses.  However, in some circumstances, a contested divorce may be in your best interest and worth the extra time, money and stress.  During the initial consultation, we will advise you of your rights and options, including whether an uncontested divorce is possible or advisable.

      In an uncontested divorce, the other spouse does not oppose the divorce commenced by one spouse. If the divorce is “on consent,” the defendant agrees to the divorce by signing certain documents.  If the divorce is “on default,” the defendant does not respond to a Summons with Notice that is served upon him or her.  

      An attorney should represent only one party in a divorce.  We usually represent the plaintiff.  The defendant may hire his or her own attorney.  If the defendant does not hire an attorney, he or she is referred to as pro se, which means on one’s own behalf.  Although the law does not require the parties in a divorce be represented by an attorney, it is usually advisable for each party to be represented by a separate and independent attorney.  Although, a possible exception to this rule might be when the marriage was short-term and there are no children or assets.

      If an uncontested divorce is appropriate and you wish to begin, you will sign a retainer agreement and pay us a retainer fee.  You will provide us with whatever additional information we might require to prepare your divorce papers. If your situation is simple we can handle your uncontested divorce without your visiting our office.

      During your second visit, you will sign your papers and make the second payment.  We will then purchase an index number from the County Clerk and file the Summons with Notice. Next, we will send the papers to the defendant for him or her to sign. 

      Once we receive your spouse’s properly signed papers and you pay the balance due, we will file the papers with the Court.  It usually takes two to four months for your divorce to become final.  We will send both you and your spouse a certified copy of the Judgment of Divorce.  Lastly, we will file in the County Clerk’s Office proof that we sent a copy of the Judgment to your spouse.  

      If your spouse refuses to sign the divorce papers and there are no children or property, you may proceed by having your spouse served with the papers, which requires an additional fee.  If your spouse does not respond in writing within the allowed period of time, we will file the divorce by “default.”  It is our experience that the vast majority of these cases proceed without further expense.  However, if your spouse sends us a written response opposing the divorce, you will then need to sign a new retainer agreement, in which our fee will be determined on an hourly basis, and you will pay an additional retainer fee. 

      If there are children, assets, or both, and your spouse does not consent, we will need to serve your spouse with the Summons with Notice in order to proceed.  At this point, you will need to sign a new retainer agreement, which will determine our fee on an hourly bases, and you will pay an additional retainer fee.