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If you and your spouse are in agreement regarding the terms of your divorce, including child custody and support (if applicable), division of marital property or spousal support or if your spouse will not seek to contest the divorce once served, then your divorce will remain uncontested.

If neither you nor your wife maintains a residence in New York, you will not be able to file a divorce in New York. This rule does not apply to military personnel or parties who have temporarily relocated.

In the event that your spouse refuses to cooperate with the divorce process or is unwilling to sign the proposed settlement agreement or divorce affidavits, we will need to have him or her served by a process server. This in effect will give the defendant (your spouse) notice of the proceeding and action for divorce. Once properly served, if the defendant (or their attorney) does not respond by filing a "Notice of Appearance" or an "Answer" with the Court, we may request that the Court enter a default Judgment of Divorce against the defendant.

Yes. However, if you will be entering your Judgment of Divorce in a foreign jurisdiction please be aware that, in many instances, you may need to have the Judgment of Divorce authenticated by the U.S. Department of State that issues both Authentication Certificates and Apostilles. If you intend to present your Judgment of Divorce to a foreign jurisdiction, please be sure to discuss this with our legal team.

If your child is legally emancipated, that is, your child is financially independent, lives on his or her own and you do not claim this child on your tax return, you will not be able to seek support for this child even if he or she is under the age of 21.