Uncontested and Contested Divorce 

in New York, divorce proceedings are conducted in the Supreme Court, not the family court

M Marital relations are not legally terminated until the judge signs the judgment of divorce. In New York, only the Supreme Court can handle divorce proceedings. In other words, the Family Court may seek help with custody, interview bargaining, and child support prior to divorce proceedings but does not take up divorce proceedings. The person filing for divorce is called a “plaintiff,” and the plaintiff’s spouse (husband or wife) is called a “defendant.”

Common Law The marriage relationship is not recognized as a legal marriage

C Common Law Marriage refers to a relationship in which a couple has lived together for a period of time, been recognized as “married” in front of friends, family, and a number of other people, and has lived together for a period of time but has not actually been married or received a marriage license. The point to note at this time is that living together alone cannot establish a true marriage relationship.

Divorce can be uncontested or contested

A An uncontested divorce occurs when the other spouse (husband or wife) does not consider the reason for the divorce.In some cases, both sides create a finely coordinated agreement. If one spouse does not agree to a divorce, the divorce becomes contested. There may be disagreements about the division of property, the custody of minor children, or the divorce itself. This kind of divorce can be very complicated, so it is important to contact a lawyer or court in advance to obtain more information before filing for divorce.

Before the Divorce Settlement and Agreement are signed by a Family Law judge, all property and child custody issues must be resolved. If both sides disagree over the issue of financial child custody, alternative dispute resolution (ADR) can be considered. Dispute resolution means a variety of procedures in which both sides look for ways to work with experts to find solutions. Dispute resolution usually takes place outside the court and can be less stressful because it helps save money or time compared to traditional court procedures. There are various types of this procedure. Divorce mediation and collaborative family law are two examples. This method of dispute resolution is not appropriate for resolving domestic violence or if the relationship is deemed to be at risk.

Locate the whereabouts of the spouse and deliver court documents

I In New York State, the principle is that divorce-related documents issued by the court are delivered directly through a person to the defendant’s husband or wife. Plaintiffs who file divorce cases are given two methods of delivery. If it is believed that the defendant will not bring an issue in the divorce lawsuit, sign the affidavit of defense, notarize it, and deliver it to the plaintiff. You can simply deliver the court documents to the defendant. However, if the defendant’s divorce settlement or the defendant’s affidavit seems uncertain, the court documents must be “served” on their own side. The method of sending court documents to the defendant follows a special procedure.

Deliver court documents to the defendant within 120 days of the filing of the divorce lawsuit

C Court documents must be delivered to the defendant through personal means; the plaintiff cannot participate directly in the delivery process. Therefore, it is something that someone other than the plaintiff should do. The document must be served within 120 days of the date it is submitted to the county clerk’s office. Anyone who is 18 years of age or older can send documents. If the delivery area is within the state of New York, the New York resident must deliver the documents to the defendant. If it is to be delivered outside of New York State, it may be delivered by a New York resident or by a third party in accordance with the laws of that state. However, the person who delivers the documents to the defendant must fill out an affidavit of service. The plaintiff must then sign the statement of delivery and obtain a notarized certificate. This process results in evidence that the documents were well delivered to the defendant in accordance with the procedure.

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