Calendaring an Uncontested Divorce Case

Depending on how the Defendant responds, your case may be ready to go on the court calendar. This is called calendaring and it means that the papers are ready for the Judge to review.

• If the Defendant signs and returns the Affidavit of Defendant, then you can file the rest of the papers and have your case calendared immediately.
• If the Defendant "defaults" and does not respond in any way, then you have to wait 40 days from the day the Defendant was served to file the rest of your papers.
• If the Defendant files a Notice of Appearance, then your case becomes a contested divorce. You may need a lawyer to help you with your case. Click on “Find a Lawyer” in the Quicklinks box on this page to search for a lawyer that may be able to help you. There are strict deadlines that must be met. If you are unable to find a lawyer to help you, contact the court or is available, contact the court Help Center for information about the law and court procedure. Click on “Help Centers” in the Quicklinks box on this page to find the Help Center for the court where your papers have been filed.

 

Prepare the Papers

There are forms available for your use:

• If you have no children under 21 and your marriage has been over for at least 6 months, you can use the DIY Uncontested Divorce Program to make the rest of your papers.
• If you have children under 21, use the paper Uncontested Divorce Packet..
• Forms for contested cases are also available, however you may want to speak with an attorney if your spouse does not want a divorce or if you are unable to agree on economic issues, or issues related to property or children.

 

What to File

After the papers have been signed and notarized, it is a good idea to make copies of your papers for your own records.

File the following with the County Clerk's Office:

• Note of Issue
• Request for Judicial Intervention (RJI)
• photocopy of the Summons With Notice or Summons and Complaint
• Affidavit of Regularity
• Affidavit of Plaintiff
• Sworn Statement of Removal of Barriers to Remarriage, if you were married in a religious ceremony
• Affadivit of Defendant or Affidavit of Service, completed and signed in front of a Notary Public, by the person who served the Defendant
• Findings of Fact and Conclusions of Law
• Judgment of Divorce
• Part 130 Certification
• Certificate of Dissolution of Marriage

** Additional or different forms may be required. Ask the clerk for more information.

In some counties, a self-addressed stamped envelope or postcard is also required.

 

Where to File

Depending on the county, you will file your papers with the County Clerk's Office or the Supreme Court Clerk's Office. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. Check to see if you can do this on the e-filing County List.

 

The Filing Fee

There is a total filing fee of $125 for the Note of Issue and the RJI. The clerk will give you a receipt.

If you were given a fee waiver for the court and filing fees, there is no charge. The fee waiver does not cover the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc. There may also be a fee to file the "Certificate of Dissolution."

 

Next Step

If there are no problems with your papers and your divorce is granted the Judge will sign the Judgment. You will be contacted when the Judgment is ready for you.

Learn more about The Judgment in an Uncontested Divorce.

** This is a general information and may not apply to the county where you're filing your uncontested divorce case. Contact the Supreme Court in your county for more information.