Uncontested Divorce


Am I Divorced Yet

One of the biggest questions people getting divorced have is:

“AM I DIVORCED YET?!”

This is a pretty important question!  In fact, there is a great deal of confusion surrounding when someone is divorced in New York and how you find out.

The answer is simple:

In New York, when a Judge signs your Judgment of Divorce and it is entered by the Clerk, you are officially divorced!

So, that being said, how do you find out if a New York Judge has signed your Divorce Judgment?

There are a number of ways.

This page will focus on one way in particular to find out if your divorce has gone through in New York. That way is by checking the Unified Court System’s Ecourts/WebSupreme site and looking for the answer.

How to use E-Courts to find out if a Divorce Judgment has been signed:

Open up ECOURTS – “WebCivil Supreme” in a web browser. WebCivil Supreme is the New York Court system’s online appearance information system for New York Supreme Court cases.

  1. Log in as a public user. (if necessary or prompted to, otherwise skip this step).
  2. Search for your case. You can search for cases on E-Courts by Party Name, Index Number or Attorney/Firm Name. Click the type of search you want to perform.
  3. You may be prompted to enter a “CAPTCHA CODE” or have to complete some other challenge to ensure that you are not a robot. If you are a robot, you are not welcome and shame on you for being a robot. If you are a data miner, it seems you are not welcome either and should take your mining self somewhere else with all that data mining and stuff.  Once you complete the mission and possibly fight a ninja to prove yourself worthy to use the system, your search fields should show on the screen.
  4. Enter your name or index number (or other appropriate information). In Name search, remember to choose Plaintiff (if you filed the divorce), Defendant (if you got served with papers) or the “either” option. Also, it will help a whole bunch if you enter county information, especially if you have a common name.
  5. When you find your case, look at the case status.  Is it “disposed” or “active”?  If it is “disposed” there is a change that a Judgment has been signed. However, sometimes, cases that have been marked off calendar or contested cases in which the Judge orders a divorce in court on the record will show up as “disposed” but not have a judgment signed yet (after such an occurrence, the parties must file documents for the court to review, including a proposed judgment).
  6. If you do not find your case, you may be inputting your information wrong. Also, your name may have been inputted into the system wrong. Or, most likely, you have not yet had an RJI filed in your case which means your case has not been put on the calendar at any point. This may be because the case is still too new or because you have not filed the final divorce papers yet. A filed divorce which has not gone in front of a judge and has not yet filed the final divorce packet would probably not show up in this system. Needless to say, such a case is not yet going to have a judgment of divorce signed.
  7. Click the Index Number, which should be a link and should look like this: 12345/2016.
  8. A screen with case information should pop up.  One of the buttons on that screen should read “Show Appearances”. Click that button.
  9. You should see at least one appearance.  If your case has more than one appearance, you are looking through them for the following entry in the Comments field: “JUD. SGD.”  See the next step for an example (future dates are used here but the dates will have passed already):
  10. Appearance Information:
    Appearance
    Date
    Time On For Appearance
    Outcome
    Justice /
    Part
    Comments Motion
    Seq
    08/12/2018   Supreme Trial Inquest Held  JAKE S.  PAPAJOHN
    CONFERENCE PART 5
    JUD. SGD. 5/4/18
    TO CC 5/8/18
  11. If your case has an appearance with a comment field with JUD. SGD or some similar notation, Congratulations, changes are, the Judge has signed your divorce judgment and chances are it has been filed or will be filed any day/week now! You are probably divorced! It can take a couple of weeks after the Judge signs for all of the papers to be filed and get where they need to go.
  12. If you see nothing of the sort in any comment field, there is a good likelihood that the court has not yet gotten to your divorce matter or might have sent you a postcard in order to get you to correct your documents.
  13. If your papers have been signed, don’t go rushing down to the courthouse! As set forth above, it takes time for all the papers to get where they have to go. You may want to contact the county clerk in your county to ensure that the documents are ready to be picked up or copied. There may be fees associated with obtaining copies of your divorce papers (there are most likely fees).

See Also:

Frequently Asked Questions, Queens Supreme Court: How do I know if my Divorce was signed?

The Queens Supreme Court also has a good explanation of how to get divorce judgment information.


Please Note: This site is not in anyway affiliated with the New York State Unified Court System and is provided for informational purposes only. This information is being provided for free and as a courtesy and is not intended in any way to constitute legal advice or to create an attorney-client relationship. Please contact your personal lawyer for legal advice or advice as to your own personal situation.

 

YOU MAY ALSO BE INTERESTED IN THESE NEW YORK DIVORCE RESOURCES:

New York Divorce Law

Free New York Divorce Forms Online

How Long Does A Divorce Take in New York?

Where is the Divorce Court in New York?

Where can I obtain Marriage Records in New York City?


How Long Does A Divorce Take In New York?

Answer: At least Six Months

There is no direct answer.  How long a divorce will take depends on a number of factors.  Those factors include the following:

  • Contested Divorce vs. Uncontested Divorce: A contested divorce will take a lot longer than an uncontested divorce. This is because if you have a contested divorce, you have to work out the details of the divorce before you can get a court to divorce you.
  • County the Divorce Occurs In: The time it takes to get a divorce differs from County to County.  For example, it can take six months to a year to get a divorce in New York City once your documents are filed. 
  • Children:  If you have children, a divorce might take longer. This is because you have to arrive at custody and child support arrangements.

This list is not exhaustive.  How long a divorce takes really depends on a number of factors that are not the same in every case.  Needless to say, Divorce is not an overnight process.  It will take time.  Even if both parties are in agreement, if can take some times to get the papers filed and for the Court to then review the papers. If there are errors in any of the papers filed, that might slow the process down.

SIX MONTHS? THERE ARE SITES THAT SAY IT TAKES TWO WEEKS!

So it seems there are.  We will not comment on those claims, we will just tell you that it a divorce can take six months and rarely ever takes two weeks on the uncontested calendar in a non-appearance divorce case.

OH, & LET’S BE CLEAR, SIX MONTHS FROM THE FILING OF THE LAST DOCUMENT (UNCONTESTED DIVORCE PACKET), NOT SIX MONTHS FROM FILING (though these can be pretty close if the papers are prepared and filed in an expedited fashion.  However, you are not divorced when you file, you are divorced when the Court says so.  No person outside of the Court handling the Divorce dictates the timing of when a Judge reviews your documents. Is this always as long as six months? No.  Is it sometimes less? Yes.  Is it sometimes more? Yes.

So there is all this conflicting information about how long a divorce takes, who should you believe?  That is up to you. We get our information from experience and directly from the Matrimonial Clerks & Divisions in the counties. They are pretty good at giving you an idea of how long it will take to get some action on your matter.  They often post dates for you to understand when you might see a signed judgment after filing.

WHEN IS A NEW YORK DIVORCE FINAL?

According to the New York Unified Court System website:

.
A divorce is considered final when the signed judgment of divorce is entered in the County Clerk’s Office.

Divorce FAQs

New York Unified Court System website

So how do you know when that happens? You look on E-courts.  Some counties, such as Queens county, do a good job of helping people with information online. Click Here to see Queens County Information regarding final judgments of divorce and when they happen.

 

Check out these Divorce Information Resources:

Free New York Uncontested Divorce Forms

Suggested topics:


How Long Does A Divorce Take?

Answer: At least Six Months

There is no direct answer.  How long a divorce will take depends on a number of factors.  Those factors include the following:

  • Contested Divorce vs. Uncontested Divorce: A contested divorce will take a lot longer than an uncontested divorce. This is because if you have a contested divorce, you have to work out the details of the divorce before you can get a court to divorce you.
  • State the Divorce Occurs In: The time it takes to get a divorce differs from State to State.  For example, it can take six months to a year to get a divorce in New York State once your documents are filed. California has a 6 month waiting period. 
  • Children:  If you have children, a divorce might take longer. This is because you have to arrive at custody and child support arrangements.

This list is not exhaustive.  How long a divorce takes really depends on a number of factors that are not the same in every case.  Needless to say, Divorce is not an overnight process.  It will take time.  Even if both parties are in agreement, if can take some times to get the papers filed and for the Court to then review the papers. If there are errors in any of the papers filed, that might slow the process down.

Check out these Divorce Information Resources:

Divorce Basics 

How Long Does a New York Divorce Take?

Suggested topics:

 

di·vorce forms
pronunciation:
/do it yourself/
noun
1. forms you use to file for a divorce.
Where do you get divorce forms?
Many state courts provide divorce forms for free on their websites or at the courthouse! Often, the forms you buy from third parties are the exact same forms or similar to those that are provided for free!

 

When should I use divorce forms?

If you have a lawyer, you should always consult him or her for legal advice. Often, people who have an uncontested divorce use divorce forms to file for a divorce. Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce, you may want to seek legal advice from a lawyer.

find divorce forms online

Click any of the links to learn more! We will be updating this page in the future. Stay tuned!

Colorado Divorce Forms

Click here to go to the State Courts Form site


See also:

Colorado Separation

Colorado Divorce Forms (with Children)

Learn more about divorce law:

What is a divorce?

What is an uncontested divorce?

What is a contested divorce?

What is an annulment?

What are the reasons you can get divorced?

 

di·vorce forms
pronunciation:
/do it yourself/
noun
1. forms you use to file for a divorce.
Where do you get divorce forms?
Many state courts provide divorce forms for free on their websites or at the courthouse! Often, the forms you buy from third parties are the exact same forms or similar to those that are provided for free!

 

When should I use divorce forms?

If you have a lawyer, you should always consult him or her for legal advice. Often, people who have an uncontested divorce use divorce forms to file for a divorce. Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce, you may want to seek legal advice from a lawyer.

find divorce forms online

Click any of the links to learn more! We will be updating this page in the future. Stay tuned!

Delaware Divorce Forms

Click here to go to the State Courts Form site


See also:

Divorce and Annulment Instruction Packet

Overview of Divorce in Connecticut

County Courthouses:

Family Court of the State of Delaware
in Kent County
400 Court Street
Dover, Delaware 19901

Family Court of the State of Delaware
in New Castle County
500 N. King Street
Wilmington, Delaware 19899

Family Court of the State of Delaware
in Sussex County
22 The Circle
Georgetown, Delaware 19947

Learn more about divorce law:

What is a divorce?

What is an uncontested divorce?

What is a contested divorce?

What is an annulment?

What are the reasons you can get divorced?

 

di·vorce forms
pronunciation:
/do it yourself/
noun
1. forms you use to file for a divorce.
Where do you get divorce forms?
Many state courts provide divorce forms for free on their websites or at the courthouse! Often, the forms you buy from third parties are the exact same forms or similar to those that are provided for free!

 

When should I use divorce forms?

If you have a lawyer, you should always consult him or her for legal advice. Often, people who have an uncontested divorce use divorce forms to file for a divorce. Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce, you may want to seek legal advice from a lawyer.

find divorce forms online

Click any of the links to learn more! We will be updating this page in the future. Stay tuned!

Alaska Divorce Forms

Click here to go to the State Courts Form site


See also:

Learn more about divorce law:

What is a divorce?

What is an uncontested divorce? 

What is a contested divorce?

What is an annulment? 

What are the reasons you can get divorced?

 

di·vorce forms
pronunciation:
/do it yourself/
noun
1. forms you use to file for a divorce.
Where do you get divorce forms?
Many state courts provide divorce forms for free on their websites or at the courthouse! Often, the forms you buy from third parties are the exact same forms or similar to those that are provided for free!

 

When should I use divorce forms?

If you have a lawyer, you should always consult him or her for legal advice. Often, people who have an uncontested divorce use divorce forms to file for a divorce. Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce, you may want to seek legal advice from a lawyer.

find divorce forms online

Click any of the links to learn more! We will be updating this page in the future. Stay tuned!

Arkansas Divorce Forms

Click here to go to the State Courts Form site

by the Arizona Legal Services Partnership


Learn more about divorce law:

What is a divorce?

What is an uncontested divorce? 

What is a contested divorce?

What is an annulment? 

What are the reasons you can get divorced?

See also:

Child Support Termination

 

 

di·vorce forms
pronunciation:
/do it yourself/
noun
1. forms you use to file for a divorce.
Where do you get divorce forms?
Many state courts provide divorce forms for free on their websites or at the courthouse! Often, the forms you buy from third parties are the exact same forms or similar to those that are provided for free!

 


When should I use divorce forms?

If you have a lawyer, you should always consult him or her for legal advice. Often, people who have an uncontested divorce use divorce forms to file for a divorce. Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce, you may want to seek legal advice from a lawyer.

find divorce forms online

Click any of the links to learn more! We will be updating this page in the future. Stay tuned!

California Divorce Forms

Click here to go to the California State Courts Form site

Click here to go to the California Courts Self-Help Center site

Click here to go to the California Courts Divorce or Separation self help site

This site has information on:

Filing for Divorce in California

Filing for Legal Separation in California

Spousal support in California

Annulments in California


See also:

Learn more about divorce law:

What is a divorce?

What is an uncontested divorce?

What is a contested divorce?

What is an annulment?

What are the reasons you can get divorced?


 

grounds
for divorce
pronounciation:
why?/
noun
1. the reason for the legal dissolution of a marriage by a court or other competent body.
verb
1. reason to legally dissolve one’s marriage with (someone).

 

In order to get a divorce, you must have a reason to divorce!

what are the grounds for divorce?

The grounds for divorce vary from state to state! Here are some common ones:

  • Irretrievable Breakdown: The relationship of a husband and wife has broken down irretrievably. Many jurisdictions require there to be some time before you can file. In New York State, to file under this ground, the relationship has to have been broken down irretrievably for at least six months. This is sometimes referred to as NO FAULT DIVORCE.
  • Cruel and inhuman treatment: Your spouse has been cruel and inhuman in his or her treatment of you. You can not use this ground if it was you who was cruel and inhuman. Many jurisdictions want the acts alleged to be pretty recent and in most cases, in the last couple of years.
  • Abandonment: When your spouse leaves you or abandons you. Many jurisdictions require a minimum amount of time for abandonment. In New York, it has to be at least a year. If you were the one who left, you can not use this ground.  
  • Separation Agreement: This ground confuses many people. It is to some extent like an uncontested divorce. You and your spouse enter into an agreement to separate. The agreement states what you are going to do, who gets what, and how things will go. In many jurisdictions, you must file that agreement with the Court. Then, after being separated and living apart for a certain period of time which varies based upon the State you are getting divorced in, you can apply to the Court for a divorce.
  • Adultery: If your spouse cheats on you, this may be a ground for divorce. If you cheat on your spouse, you can not use your cheating to substantiate this ground. If you sleep with your spouse after the adultery has been discovered, you may not be able to use this ground and many courts will say you have reaffirmed the marriage. You also can not wait years after the discovery of the cheating acts to file.  Adultery must also be proven. You have to get a witness to prove the adultery took place. It is a very difficult ground to prove. This is often why people hire private investigators to follow their spouses around. Televisions shows based upon the premise that people need proof of adultery have been widely popular around the globe. If someone didn’t see the feat, for purposes of divorce, your spouse didn’t cheat.
  • Imprisonment: If your husband or wife is imprisoned for a certain amount of time during the marriage, this may be a ground for divorce. In New York, your spouse must be imprisoned for three or more years. Many jurisdictions want the imprisonment to be pretty recent rather than waiting to file. In New York for instance, if it has been more than five years since your spouse was released from prison, you may not be able to use this ground.
  • No Fault: In many jurisdictions, there is a ground that allows parties to get divorced without having to place fault on a particular party.  This is usually called a No Fault Ground. Often No Fault grounds center around the breakdown of the marriage and require a certain amount of time to have elapsed, but do not center on the fault of any particular party. Such no fault grounds are important as they help lower barriers to getting a divorce. In many States, it has been very difficult historically to obtain a divorce. No Fault grounds help to provide the remedy of divorce to people who might have otherwise had problems proving the things that would allow for divorce, such as adultery.

If one person does not want to get a divorce, that person is contesting the grounds for divorce and the divorce is a contested divorce!

Alienation of affection is a cause of action against a third party brought by a spouse who has been deserted. The crux of an alienation of affection suit is that the third party is responsible for the failure of the marriage. This cause of action has been abolished in many jurisdictions. North Carolina is a jurisdiction where these suits are still used.

 

Suggested topics:

 

un·con·test·ed
di·vorce
pronounciation:
no outstanding issues/
noun
1. a divorce in which both parties agree on the grounds for divorce and there are no disagreements as to any issues, including finances, assets, child custody & child support.
verb
1. legally dissolve one’s marriage with (someone) without issue or by default.

 

A divorce is only uncontested if there are no outstanding issues.  None.

In order to be an uncontested divorce the parties must agree about:

  • Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc).
  • Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
  • Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
  • Child Support: If there are children, the amount to be paid in child support must not in dispute.
  • Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent.  A visitation and parenting plan should be created and agreed upon.

If the parties disagree about anything, then they have a contested divorce

Click about to learn more about contested divorces.

 judgment of divorce =

agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody

uncontested divorces are much cheaper than contested divorces!

uncontested divorces are much quicker than contested divorces!