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New Yorks Uncontested Divorce
courts.state.ny.us, Dec 06, 2005
What Is An Uncontested Divorce?
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.
You may sue for divorce thinking that the proceeding will be uncontested, but discover later that your spouse has decided to contest ("fight") the case. If this occurs, you may wish to consult an attorney, or you may proceed on your own without an attorney. In either situation, this packet should not be used. Many of the forms in the packet apply only to cases where your spouse either (1) consents to a divorce; or (2) where your spouse does not appear to oppose the divorce.