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 15 years as a paralegal including family law experience), Compass Mediation Services 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. Compass Mediation Services LLC cannot represent you in court, and cannot engage directly with your spouse’s attorney if they have retained one.
Compass Mediation Fees for Uncontested Divorces
Uncontested Divorce
JOINT OR STANDARD
• Joint Filing – Both parties submit one Summons with Notice together.
• Standard Filing – One party starts the divorce process and serves the other party with a Summons and Complaint for divorce.
• Document preparation services are inclusive of all court filing fees itemized below, and a one-time $50 administrative fee, per client.
• An additional fee of $250 will apply for a standard uncontested divorce if the case goes into a default status.
Mediation & Document Prep Package
• Covers up to (2) mediation sessions and document preparation for (1) Joint Uncontested Divorce.
• Additional mediation sessions as needed will be billed at the current hourly rate.
• Inclusive of all court filing fees itemized below, and a one-time $50 administrative fee, per client.
Document Prep for Defaults
This service is ideal if you've already started the divorce process and served papers, but your spouse has not responded (the case is in a "default" status). This service includes:
• Drafting or revising RJI documents
• Preparing and serving a Motion for Default
• Filing all required documents with the court.
• Incorporating a previously signed Separation Agreement in the final filing (if applicable).
**The judge may require an in-person hearing for default cases. Compass Mediation cannot guarantee against this and cannot represent you in court.**
Required Court Fees (these are paid directly to the court when the documents are filed, and are included in the above rates for each service)
Index Number Filing Fee: $210.00
RJI : $95.00
Note of Issue: $30.00
Separation Agreement: $35.00
Certificate of Dissolution: $5.00
Motion for Default*: $45.00
(*this fee is only applicable when a standard filing goes into default status)
About the Process for Joint Filings
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Each party will need to complete a Client Intake Form, Income and Deduction Form, and sign the Document Preparation Agreement.
Full payment is required before services begin.
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We review your intake information and draft all necessary documents.
This step typically takes 1-4 weeks, depending on the completeness of your information.
Drafts are shared for review and edited (if needed) before finalization.
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Once finalized, we schedule a notarization meeting where we meet to sign and notarize the documents.
We file all documents via the Court’s website, including:
Summons and Notice (to obtain an Index Number)
Note of Issue (“NOI”) and Request for Judicial Intervention (“RJI”), and the remaining court documents, including the Judgment of Divorce for the judge to sign.
You’ll need your own court account to track progress. We’ll assist with setup.
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After judge approval, your Judgment of Divorce will be available in your court account.
We will then file the Notice of Entry.
Copies of all final documents will be emailed or mailed to both parties.
About the Process for Standard Filings
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One party will need to complete a Client Intake Form, Income and Deduction Form, and sign the Document Preparation Agreement.
Full payment is required before services begin.
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We review your intake information and draft the Summons and Complaint.
You then schedule a time to sign, and then we will file the Summons and purchase an Index Number.
After obtaining an Index Number, the defendant must be served. We can recommend a process service, or you can have a 3rd party over the age of 18 serve your spouse.
Spouse has 20 days to respond (if they reside in NY).
If no response is received in writing within 45 days, the case moves to the default status (additional fee of $250 applies).
If spouse responds that they wish to process and does not contest, remainder of papers are drafted, signed, and filed with the court.
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After judge approval, your Judgment of Divorce will be available in your court account.
We will then file the Notice of Entry.
Copies of all final documents will be emailed or mailed to both parties.
Ready to Begin?
Schedule a free 20 minute consultation.
We will discuss the particulars of your situation and review the necessary details required for paperwork to be filed with the court. If we determine to move forward following the consult, we will send you and your spouse the intake forms to begin the process.
Still have questions?
We’d be happy to answer them.