Last Updated on: 24th June 2025, 07:26 pm

Understanding the Two Types of Divorce in New York State

In New York, divorce is defined as a legal end to a marriage between two people. However, state law recognizes two types of divorces: uncontested divorce and contested divorce.

This can create quite a lot of confusion for spouses who just want to end their marriage and move forward with their lives. A couple getting divorce must choose one.

The type of divorce they want will depend on specific circumstances regarding why they want a divorce.

Contested Divorce: When One Spouse Doesn’t Want to End the Marriage

Usually, a divorce is contested when one spouse doesn’t want to end the marriage. New York divorce law requires a spouse to file a divorce petition.

Within that divorce petition, they must cite a reason why the state must legally end their marriage. The law outlines specific reasons for getting a divorce in New York such as:

• 1. Adultery: A person cheats on their spouse.
• 2. Separation: The spouses are living separate and have signed a written separation agreement for at least one year.
• 3. Abandonment: An individual abandoned their spouse for at least one year. The abandonment can be physical such as leaving the state or going to prison. It can be sexual abandonment. Sexual abandonment refers to stopping all sexual intercourse or sexual activity with their spouse for a period of at least one year.
• 4. Inhuman, Cruel Treatment: This means an individual has treated their spouse cruelly during their marriage. The cruel treatment can occur in two ways: mental cruelty or physical cruelty. For example, a spouse who was mentally or physically abused could file a divorce petition requesting a divorce based on inhuman, cruel treatment.

The Answer and Court Process in Contested Divorce

Once the spouse being sued for divorce receives the divorce petition, they must file an answer.

An “answer” is a written statement denying the alleged reasons outlined for divorce. The answer places the divorce petition on the New York court docket for a pretrial conference and trial.

Resolving a New York Contested Divorce

Spouses could agree to get divorced, but they can’t resolve divorce-related issues. The term “divorce-related issues” simply means there’s some matter that can’t agree on such as spousal support or division of property.

A contested divorce is resolved in one of two ways:

1. The couple can be resolve disputes such as division of property with the help of their attorneys.
2. Their second option is to let a divorce judge decide the issues.

This means the case goes to trial. Each spouse is required to prove their case based on the grounds listed above.

Once the issues are decided by a judge, a divorce decree is issued.

Uncontested Divorce: When Both Spouses Agree to Get a Divorce

An uncontested divorce is an option when both spouses agree to end their marriage. New York divorce law still requires one of the spouses to file a divorce petition.

Instead of citing one of the four reasons listed for a contested divorce, the spouse only lists one reason: irreconcilable differences.

Why Uncontested Divorce is Different

The main reason why this is an uncontested divorce is because both spouses act in an amicable, reasonable way when working out the divorce details. This makes the process go quickly.

Spouses who have an uncontested divorce typically receive their divorce decree faster than a couple who files a contested divorce.

The Written Agreement Foundation

Before obtaining a divorce decree from a divorce judge, a couple must present a written agreement. This written agreement is the foundation of their divorce judgment.

It outlines how they’ve resolved each issue such as:

• Spousal support
• Paying off marital debts

This agreement is worked on early with the help of divorce attorneys.

Once the spouse being sued for divorce receives the petition, they don’t send the court an answer.

If they don’t want to ignore the divorce petition, they can submit an answer to the court admitting to the reason for the divorce. They can deny the allegations, but agree to the divorce.

This causes a default. A default means that the divorce is automatically granted and it isn’t put on the court docket for trial.

Hire a New York Divorce Attorney

Divorce is a confusing process because there are a lot of emotions involved. That doesn’t mean, a divorce must be messy.

If you’re getting a divorce in New York, it’s important to understand the two types of divorces and how they relate to your situation. It’s also important to hire a divorce attorney to understand more about the process, how to start it and how to negotiate disputes.

Contact us today.

Can we stop our divorce if we’ve changed our minds?

Getting married is a big decision, but it’s often an easy decision for those who are in love and having the time of their lives.

When someone asks you to be his wife and you agree, you can’t imagine life without this person. This is the person you want to share with you the rest of your future, and you can’t imagine ever feeling anything but overwhelming joy and happiness with him.

When you get married, life calms down a bit in the romance department. Work, kids, your home, travel, and all the other things that keep you busy take over and leave you feeling a little less than happy.

When Marriage Difficulties Lead to Divorce

You begin fighting, you drift apart, you lose the spark you once had. You might decide you aren’t sure this is what you signed up for, and you begin to think about how much more enjoyable life would be with someone else or on your own.

When you finally make the decision to get divorced, it’s a sad moment. It’s easy for some, and it’s a difficult decision for others.

Either way, you’re going to need to go down to the local Clerk of Court’s office and file the appropriate paperwork to begin the process.

Filing For Divorce

The first step is an easy one. You go to the office of the Clerk of Court and you ask for the divorce decree.

It asks you many things, such as:

• What you want to have in the divorce
• If you have kids
• Who gets the kids
• If you want alimony if that’s an option in your state and in your marriage

Once you fill it out, you turn it into the Clerk’s office and your spouse is served. He can either accept the terms outlined in your petition for divorce or respond with his own demands.

You might go to mediation, you might hire an attorney, and you might even fight over things.

At some point, you might decide for your own sake or the sake of your kids that perhaps your marriage really isn’t over. Maybe you do love one another and want to give this another shot.

That is great news.

Can I stop my divorce?

Perhaps you hastily applied for a divorce and you’ve changed your mind. You can stop it, but there are some stipulations to that general rule.

The first has to do with your spouse. If he has not been served paperwork yet, you can stop the divorce without him ever finding out you even submitted a petition for it.

If he’s already been served, you have to get him to agree to stop the divorce.

The Agreement Requirement

Once he’s been served, you must both agree in writing to stop the process. You must do this prior to the end of your marriage being granted by the court.

If the divorce decree is already signed and submitted to the court by the judge, it’s too late.

However, the judge would love to see you work on your marriage and decide to stay married than getting divorced, so he or she is happy to stop the divorce if you both agree before it’s been finalized.

Your attorney can help file a petition to stop the divorce so long as you both sign it and agree when you meet with a judge.

It is not too late to save your marriage even if you assume it’s already too late. You have time before the petition is finalized and the decree is issued.

However, you must get your spouse to agree that your marriage is worth saving. Without his agreement, the divorce will continue even if you change your mind about it and want to stay married.

Think it through, but know you do have options even when the process is ongoing.

Am I entitled to copies of the financial disclosure papers?

A divorce can be extremely volatile or amicable, but either way, you’ll have to disclose information you may wish to remain private.

One of those disclosures involves financial information. The court needs this information when making determinations during the proceedings.

Financial Information That Must be Disclosed

When filling out the paperwork for your divorce, you’ll need to declare all your income from all sources. You’ll also need to include all expenses, so the court can get a full picture of your finances.

This list should include all assets and liabilities including property owned before the marriage.

Full Documentation of the Finances

Your family law lawyer will want to receive supporting documents regarding your finances. This should include copies of:

• Deeds and mortgages
• Paystubs for the past few months
• Tax returns for previous years

When asking for tax returns, the lawyer may ask for both personal and business tax returns if you own a business. You’ll need bank, credit card and retirement account statements.

Requests for Documents

The financial information must be shared with your spouse’s lawyer. Both spouses will exchange this information during a divorce.

If you feel as if your spouse isn’t disclosing all financial information, your attorney can send a list of questions and interrogatories to the other lawyer along with a list of requested documents.

Your spouse must send the requested documentation to support their response.

Financial Disclosures During Divorce

The first disclosure often happens at the beginning of the process. If the case drags on for a long amount of time, the court may ask for a second disclosure to see if there has been a change in information.

It’ll request updated information on credit card accounts, an update on tax returns and the last few months of pay stubs.

Failure to Provide Disclosures

When your spouse signs the disclosure, he or she is swearing that the information is true and accurate. If you learn that your spouse is hiding assets, the court should be informed.

The court can hold the spouse in contempt, order them to pay a fine or award more to the other spouse in response.

Checking Finances

You’re entitled to see the financial documents of your spouse during the divorce proceedings. If your spouse doesn’t respond with the correct information or refuses to send the information at all, your lawyer can file a motion with the court.

The court will order your spouse to provide all necessary information.

Finding the Hidden Assets

In some divorces, one spouse will try to hide money by deflating their income. This can be done when they own their own business or work for a small business.

They’ll ask for smaller paychecks or hold off on bonuses until after the divorce. If you suspect your spouse is hiding assets, talk to your lawyer about hiring an investigator or accountant to find out the truth.

Effects of Hiding Assets

A spouse who successfully hides assets can lower their alimony or child support payments during a divorce. It can impact property distribution too.

The court will see a lowered ability to pay alimony and child support while your spouse will gain an unfair cut of the marital assets.

It’s important that you and your lawyer go over the finances carefully once the financial disclosures are exchanged. It could be worth the cost to hire a forensic accountant or investigator to find out whether there have been assets hidden since it’ll have an impact for years.

NY Uncontested Divorce Guide: Understanding Contested vs Uncontested Divorce

Generally, when potential divorce clients come to my office for a free consultation regarding obtaining a divorce – the first thing they want to know is whether it is going to be a contested divorce or an uncontested divorce.

The truth is that the only people who will know the answer to the question – is the husband and wife themselves.

What Makes a Divorce Uncontested?

An uncontested divorce is one in which the parties have agreed to the terms of the divorce and there are no outstanding issues. It is not enough that the parties kind of agree, or theoretically agree – the parties have to agree in writing in a signed and notarized document.

An uncontested divorce is one in which the husband and wife have discussed the issues, understand the issues, and have settled the terms.

Generally, the husband and wife have limited ties to each other and the relationship it easy to untangle.

Characteristics of Uncontested Divorces

The majority of uncontested divorces have the following characteristics:

• No children
• No real estate
• No joint bank accounts
• No assets
• No claim for alimony/spousal support/maintenance
• No claim for attorneys fees
• No claim against any advanced or professional degrees
• No claim for health insurance or life insurance

Of if one or a few of the above referenced items are at issue, the parties have discussed them and come up with a solution them selves.

In an uncontested divorce, it is very easy for the parties to untangle themselves from the relationship. These are often cases in which the parties are no longer together but have remained on good terms.

Legal Representation in Uncontested Divorce

Keep in mind that a NY divorce lawyer can only represent one party to the divorce whether it is the husband or wife. The other party can represent themselves (often referred to as Pro-Se) or they can hire a lawyer of their choosing.

Another common question, I get is whether we can start out the divorce uncontested and convert it to a contested divorce if things don’t work out.

The quick answer is yes, but the more efficient way to handle a situation like this is to start out a contested divorce and attempt to resolve is without a courts intervention and without lengthy discovery, depositions and ultimately a trial.

We can do this with a detailed Stipulation of Settlement.

STEP BY STEP GUIDE FOR AN NY UNCONTESTED DIVORCE

The first step in obtaining an uncontested divorce is the actual decision to file a divorce. This is often the hardest part; I often meet clients who come to me initially for a free consultation, and agree that they are going to get a divorce.

Then I don’t hear from them again for a couple of months and it is usually when one of two things have occurred; their significant other called the police and they are being charged with the domestic violence trifecta – harassment, assault, and menacing or they are in the receiving end of a summons and complaint for divorce.

NY UNCONTESTED DIVORCE INTAKE

Once you retain the NY Divorce Lawyers of Spodek Law Group P.C. to represent you in your uncontested divorce the first thing that we are going to do is have you fill out a comprehensive intake form which details certain required pedigree information and the terms of the divorce that you and your husband and wife agreed upon.

If there are terms are still being negotiated then we can assist you in wrapping that part of the divorce up.

Divorce Intake Sheet

SUMMONS AND NOTICE

Once we have the intake, we will draft the Summons and Complaint. An uncontested divorce can be filed with a Summons with Notice but often times that is an extra step that has no real benefit but extending the process.

This would be used if for some reason you needed to start the divorce immediately and you didn’t have time to draft the full complaint or if this was a divorce in which you were negotiating with the opposing spouse and/or counsel and you wanted to work up the Complaint together.

The Summons part is the document that gives your husband or wife notice that they are being sued for a divorce.

Also, if you serve just a Summons with Notice and for some reason your “uncontested divorce” turns into a “contested divorce” you will likely get served with a demand for a Complaint” which will just prolong the divorce proceedings.

Summons with Notice – NY Divorce Lawyer

Required Information for Summons with Notice

The Summons with Notice will require certain key information:

Information Required	Details
County Information	The County in which the divorce is being filed in
Index Number	The index number assigned by the court
Filing Date	The date the summons was filed with the clerk
Venue	The County in which the venue the plaintiff designates as the basis of the trial
Plaintiff’s Address	The address where the Plaintiff resides unless it is confidential
Signature Date	The date in which it was signed
Grounds for Divorce	The grounds for the divorce
Ancillary Relief	Any ancillary or additional relief the Plaintiff is requesting from the court

The Plaintiff must state the reason for choosing a specific venue, that is, why this case may be heard in the county. There are a few options for venue:

• Plaintiffs residence (Plaintiff lives in the county)
• Defendants residence (Defendant lives in the county)
• CPLR 509 – Any other county, as long as the Defendant does not object and the court accepts the case. If you choose a county in which neither party resides in you would write in CPLR 509.

Whether marital property is to be distributed pursuant to a separation agreement or stipulation

Whether any claim for marital distribution is waived

The truth is most parties to a divorce do not know whether an uncontested divorce would be the right vehicle to obtain the divorce.

What happens if their spouse was not fully transparent with their finances when they first met? Or promises to deliver something once the divorce is finalized and doesn’t follow through? Or states that he has no income now, but works off the book? Or has been secreting funds throughout the marriage?

The possible scenarios are limitless and this is why a proper consult with a NY Divorce attorney is essential to understand your rights.

SUMMONS WITH VERIFIED COMPLAINT

The Complaint part gives the Defendant the underlying details as to the basic facts of the divorce and what you specifically want from them.

Once these documents are drafted we physically take them down to the County Clerk’s office in the County in which you are filing the divorce in.

The filing fee for the Summons and Complaint is $210.00. This fee can only be paid in certain formats so you will want to make sure that you have the appropriate form of payment.

The $210.00 filing fee is the cost to commence the lawsuit, and you will receive an index number. The index number and the date the Summons and Notice or Summons and Complaint is filed will also be put on the Summons.

Now, if you have an uncontested divorce you don’t need to work about hiring a process server or having a friend “serve” your spouse. Since they are contesting to the terms of the divorce, it is safe to assume that they are consenting to service of the initiating documents in the divorce.

However, this is not always the case.

Summons – NY Divorce Lawyer

Verified Complaint – NY Divorce Lawyer

AFFIDAVIT OF SERVICE

The affidavit of service is an important document because this provides the court with proof that the defendant (your husband or wife) was actually served with the divorce documents.

In a true uncontested divorce, where the defendant is accepting service this document is unnecessary since he or she will be filling out an affidavit of defendant which will consent to service.

The affidavit of service must be filled out by the person that serves the summons with notice or the summons and verified complaint on your spouse (the Defendant).

Step by Step Directions for Affidavit of Service

Here are the step by step directions to properly filling out an Affidavit of Service:

1. Insert the county in which the divorce is brought as on prior forms
2. Print the Plaintiff’s name.
3. Insert the index number.
4. Print the Defendant’s name.
5. Insert the state and county where the process server signed this document before a notary public.
6. The process server must fill in his or her name and address.
7. The process server must fill in the details of when and where the Defendant was served, and must check the appropriate boxes as to the documents that were served.
8. If there are children of the marriage under the age of 21 the Child Support Standards Chart must also be served on the Defendant, see Child Support Standards Chart – NY Divorce Lawyer
9. The process server must detail how he or she identified the defendant. What specific characteristics did the defendant have? Was it based on a picture? A copy of the picture should be attached then.
10. The process server must ask the Defendant whether he or she is a member of the military of this state or any other state or this nation.
11. The process server must sign the document when completed before a notary public.

Affidvit of Service – NY Divorce Lawyer

NOTICE OF AUTOMATIC ORDERS

The automatic orders, which became part of New York State divorce procedure in 2009 with the enactment of Domestic Relations Law (DRL) section 236(B)(2)(b) and the promulgation of 22 New York Codes, Rules and Regulations (NYCRR) 202.16-a, prohibit the unauthorized transfer of marital assets during the pend ency of the case.

Notice of Automatic Orders – NY Divorce Lawyer

Once a divorce is filed in NY, there is a “Notice of Automatic Orders”, which accompanies the Summons and Complaint.

The Notice of Automatic Orders is copy of a court order and is meant to prohibit certain actions of both Plaintiff and Defendant during the pendency of the case.

This could emptying bank accounts, safe deposit boxes, running up joint credit, taking out new lines of credit, etc.

NOTICE CONCERNING CONTINUATION OF HEALTH CARE COVERAGE

Notice Concerning Health Care Coverage – NY Divorce Lawyer

Regardless of what you think, the divorce proceedings must come second to your health. If you are covered under your spouse’s employer then your spouse is prohibited by law from removing you from the existing medical, hospital and/or dental insurance coverage and must maintain the existing coverage in full force and effect during the divorce.

However, once the divorce is over and you obtain the divorce decree you will not be covered anymore. Early on in the divorce negotiations you will want to have conversations with your spouse about your options.

You do not want any gaps in coverage.

Understanding COBRA Insurance Rights

It is important for anyone going through a divorce to fully understand “COBRA” (Consolidated Omnibus Budget Reconciliation Act) insurance.

The Judge in the divorce may require your spouse to obtain coverage for your children, it is likely hat you will not be covered.

If your spouse’s company has less then 20 people you will be eligible for continued health insurance coverage under their employers plan.

It is imperative that you understand the that your spouses employer is only required to provide COBRA coverage for you if you notify the health plan administrator with 60 days of becoming divorced.

If you don’t give proper notice you can be denied coverage.

When you were covered under your spouses insurance plan, it is likely that the employer covered all of part of the expense. Under COBRA, you will be responsible for the full cost of the premium.

If your employer provides health insurance at little or no cost to you, then you are better off obtaining health insurance through your employer. Before you choose the COBRA option, look into other private plans to see what other options are available.

Keep in mind that COBRA is only for 36 month’s so you will want to plan ahead.

SWORN STATEMENT OF REMOVAL TO BARRIERS OF MARRIAGE

In New York, there are extra steps required in a divorce if you were married in a religious ceremony instead of a civil one (think city hall.)

If you were married in a church, synagogue, mosque or by any member of the clergy or other religious figure, before you can get divorced you have to swear in writing that you have taken or will take all necessary steps to remove any barriers to your spouse’s remarriage following the divorce.

This is important because what happens if there are non-legal steps to dissolve the marriage in the eyes of the religion. Catholics require a special blessing from a priest and Orthodox Jews required a “get” from a Rabbi.

Sworn Statement to Removal of Barriers to Marriage – NY Divorce Lawyer

AFFIRMATION OF REGULARITY

The Affirmation Regularity (if you are represented by an attorney) or Affidavit of Regularity (if you are filing pro se) verifies for the court that the Defendant was properly notified of the divorce and how he or she has responded, if at all.

If the Defendant has not responded, this affidavit moves the divorce along an uncontested track.

The affidavit of regularity requires information such as the date the Defendant was served and whether the Defendant has appeared in the divorce action.

As a result, it can only be signed after the summons and been served and when your certain the Defendant has appeared in the divorce.

Timing Requirements for Affirmation of Regularity

The Affirmation/Affidavit of Regularity should only be signed after Defendant has either executed the Affidavit of Defendant or has defaulted after being personally served with the Divorce Complaint.

The Affirmation/Affidavit of Regularity is submitted with the final set of divorce papers (which include, among other documents, the Affidavit of Plaintiff, proposed Judgment of Divorce, and proposed Findings of Facts and Conclusions of Law).

Although NY courts grant uncontested divorces “on the papers” (i.e., without requiring testimony in front of a judge), the courts require that each document be executed and acknowledged in a precise manner.

If you are not represented by an attorney, your Affirmation of Regularity must be notarized.

Affirmation of Regularity – NY Divorce Lawyer

AFFIDAVIT OF PLAINTIFF

The Affidavit of Plaintiff, which must be notarized, is used in all divorce actions except those where the ground for divorce is adultery.

This affidavit identifies the circumstances leading to the divorce.

Affidavit of Plaintiff – NY Divorce Lawyer

AFFIDAVIT OF DEFENDANT

Affidavit of the Defendant, which must be notarized, is used when the divorce is not contested, and the Defendant consents or waives service of the Summons and Notice or Verified Complaint.

In this form, the Defendant agrees to the divorce, and he or she waives any rights under the Service Members’ Civil Relief Act.

Affidavit of Defendant – NY Divorce Lawyer

CHILD SUPPORT WORKSHEET

Child Support Worksheet, (UD-8), is a form which must be submitted by the Plaintiff if there are minor children of the marriage (under 21).

This form shows the amount of child support to be paid by the noncustodial parent to the custodial parent.

Child Support Worksheet – NY Divorce Lawyer

SUPPORT COLLECTION UNIT INFORMATION SHEET

Support Collection Unit information Sheet (UD-8a), must be submitted by the Plaintiff when he or she requests the services of the Support Collection Unit.

Support Collection Unit Info Sheet – NY Divorce Lawyer

QUALIFIED MEDICAL CHILD SUPPORT ORDER

Qualified Medical Child Support Order (UD-8b), must be served on the employer of the spouse legally responsible to provide medical insurance for the child(ren), usually the noncustodial parent.

Qualified Medical Support Order – NY Divorce Lawyer

NY NOTE OF ISSUE

In contested divorces, a Note of Issue is used to record the date and filing of the Summons.

In contested actions, the Note of Issue must be filed with a Certificate of Readiness, which recapitulates the history of the divorce and certifies that the case is ready for trial.

After financial disclosure is over and all the necessary appraisals, settlement conferences, and court conferences have been completed, the Plaintiff must usually file a note of issue and a certificate of readiness with the court.

These documents notify the judge that the parties are ready for trial.

Note of Issue – NY Divorce Lawyer

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Findings of Fact and Conclusions of Law (Referee’s Report) reiterates the facts of the marriage and the conclusions of the court regarding support and maintenance.

NY Findings of Fact and Conclusions of Law – NY Divorce Lawyer

JUDGEMENT OF DIVORCE

Judgment of Divorce (UD-11) or (A-13), is the court order ending the marriage.

Judgement of Divorce – NY Divorce Lawyer

PART 130 CERTIFICATION

Part 130 Certification (UD-12) or (A-14), certifies that “every document relating to the divorce divorce which is served, filed or submitted to the court, is not frivolous…”

This certification must be attached to other court filings. This is called Certification.

Part 130 Certication – NY Divorce Lawyer

REQUEST FOR JUDICIAL INTERVENTION (RJI)

A Request for Judicial Intervention (UD-13) or (A-11), is a request for a judge to be assigned to a case.

Under the New York Court System, a judge is not assigned to the case automatically. A judge is only assigned to a case after a Request for Judicial Intervention Form has been filed with the Clerk of the Court.

A Request for Judicial Intervention filed in uncontested divorces, is used when the court must issue orders ex parte, which means without the other party being notified.

Uncontested Matrimonial Request for Judicial Intervention – NY Divorce Lawyer

NOTICE OF ENTRY

The Notice of Entry (UD-14) or (A-15), is a record of the entry of the judgment of divorce.

A copy of the Judgment of Divorce and the Notice of Entry must be serve of your ex-spouse, otherwise your divorce might not be considered final.

Notice of Entry – NY Divorce Lawyer

CERTIFICATE OF DISSOLUTION OF MARRIAGE FORM

The USC 113 is a state form recording the facts of the marriage and the divorce for record keeping purposes.

This form must be completed by the Plaintiff and submitted to the Supreme Court Clerk’s Office upon submission of the filed papers.

The information reported on the form is confidential and will be used for statistical purposes only.

Certificate of Dissolution of Marriage Form – NY Divorce Lawyer

NOTICE OF SETTLEMENT

This form is filed with the court clerk’s office along with the Proposed Judgment for Divorce and the Qualified Medical Child Support Order Form, if applicable, at the completion of a settlement in a contested divorce.

Notice of Settlement – NY Divorce Lawyer

POSTCARD

You will have to provide the clerks office with a self addressed postcard so that once the divorce makes it way through the process you can be notified of the results.

This will allow you to understand any of the defects in the divorce.

Postcard Sample – NY Divorce Lawyer

Spodek Law Group P.C. represents clients in NY in both contested divorce and uncontested divorces in NY. We can be reached 24/7 at (212) 300-5196 or (888) 9-SPODEK. Our offices are located at 100 Church Street, 8th Floor New York, NY 10007.