Uncontested Divorce

The process of obtaining a divorce can feel very stressful and overwhelming. If you and your spouse have mutually agreed to terms to end your marriage, then as a New York State Certified Paralegal (with 14 years as a paralegal including family law experience), Small Town Notary LLC is equipped to assist you through processing and filing your Uncontested Divorce in the Hudson Valley.

Before Getting Started - What is an Uncontested Divorce?

In the simplest of terms, an Uncontested Divorce means that you and your spouse have either jointly agreed to all aspects of your divorce before submitting your request to the court, or your spouse fails to appear or respond to the divorce action.

In contrast, “contested” divorces are settled in court before a judge. A divorce proceeding is considered to be contested when you and your spouse cannot reach an agreement on fundamental aspects of your separation (division of marital property, custody and support arrangements, etc). If your divorce is contested, it is recommended that you obtain counsel from a licensed attorney.

Similarly, an uncontested divorce is different from a legal separation, where couples choose to live apart but maintain their marital status. Click here to learn more about legal separations.

So long as you or your spouse satisfy the required residency requirements and one or more acceptable grounds for divorce, you may begin the process of an Uncontested Divorce. Most Uncontested Divorces use the grounds of irretrievable breakdown in a relationship for a period of 6 months (NY Dom Rel L § 170 (7)), and divorce after a legal separation agreement (NY Dom Rel L § 170(6).

Important Note: In an Uncontested Divorce, you will be legally representing yourself (also known as “pro se”). I am not an attorney licensed to practice law and may not give, or accept fees for, legal advice. Small Town Notary LLC cannot represent you in court, and cannot engage directly with your spouse’s attorney if they have retained one.

Ready to Begin? Schedule a consultation.

Click here or below to schedule a documentation prep consult. We will discuss the particulars of your situation and review the necessary details required for paperwork to be filed with the court.

Following the consult, and upon receipt and review of your documentation, you will receive an invoice to provide a $50 deposit for Small Town Notary to begin preparing your paperwork.

Small Town Notary Fees for Service (includes notary and process server fees)

Uncontested Divorce – No Children Under 21: $750.00

Uncontested Divorce – With Children Under 21: $900.00

Deposit to initiate services - $50.00 (deducted from fees above)

 
Required Court Fees (these are paid directly to the court when the documents are filed).

Index Number Filing Fee: $210.00

Note of Issue and RJI: $125.00

Separation Agreement: $35.00

Certificate of Dissolution: $5.00

About the Process

    • Schedule a documentation prep consult, and pay the $50 deposit.

    • We will begin preparing all of the necessary paperwork required to file with the court.

    • Once the paperwork is ready to file, we will schedule a meeting with you (the Plaintiff) to review, sign, and notarize.

    • Small Town Notary will upload the completed paperwork to the court’s website, and will invoice you for our services (see fee schedule for total). The deposit is required to be paid prior to the filing of the documents.

    • You will need to create your own account with the court’s website in order to view the progress of your divorce, and pay the $210 fee for an index number. STN will assist you with creating the account/filing the documents via E-File.

    • Once you have obtained an index number, Small Town Notary will make the necessary arrangements to physically serve your spouse. The summons paperwork will include directions for your spouse to provide a response.

    • Your spouse will have 20 days days to respond, depending on where they are served. They can do this by contacting STN to set up an appointment to sign the rest of the documents.  If your spouse does not contact STN within 45 days, the paperwork can be filed with notifying the court that your spouse defaulted.

    • STN will prepare the remaining documents and  will schedule a meeting with you and your spouse (together or separately) to sign the rest of the documents.  At at that time, you will be required to pay the $125 fee for the Note of Issue and RJI (Request for Judicial Intervention) to the court. These documents make it so the case can be assigned to a judge as well as notify the court the case is ready to be placed on the judge’s calendar.

    • Small Town Notary will then upload the remaining paperwork to the court’s website, and the case will be calendared with the court for review.

    • Please note that the remaining balance (not the court fees) is also required to be paid before the final papers have been submitted to the court.

    • When the case has been reviewed by a judge and approved, you will be provided with the Judgment of Divorce. This will be made available for you in your account on the court’s website, and should be saved for your records.

    • Your ex-spouse will also be provided a copy of the final Judgment of Divorce.

    • The total process from start to finish can range anywhere from six weeks to over ninety days. The two main variables depend on your spouse completing their portion of the paperwork and the current caseload of the court.

    • You can always check your case status by logging into your account.

Still have questions?

We’d be happy to answer them.