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In your uncontested divorce, the easiest way to speed your divorce through the court is for the defendant to waive service by signing an Affidavit of Defendant. If your spouse refuses to sign the affidavit, you will have to hire a process server to deliver a copy of the summons and complaint.
If no lawyer is suitable to handle your case, or under any other situation mentioned above, you can proceed to start a divorce without a lawyer.Divorce is of two kinds - Mutual consent divorce and contested divorce. A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer.
Notice of Automatic Orders. Notice Concerning Continuation of Health Care Coverage. Summons With Notice (Form UD-1 or UD-1a) Verified Complaint (Form UD-2) Affidavit of Service (Form UD-3)
Where to File. File the papers with the County Clerk's Office. The County Clerk's Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.
1) Meet the Residency Requirements. 2) Know the Grounds for Divorce in New York. 3) Gather the Information You Need to Complete the Forms (Uncontested Divorce) 4) Prepare and File the Necessary Forms. 5) Serve the Forms to Your Spouse. 6) Response by Your Spouse.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York doesn't have a waiting period, a divorce that both parties agree on takes roughly 3 months.
File the papers with the County Clerk's Office. The County Clerk's Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.
Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.