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Benchmarks: Journal of the New York State Unified Court System

Summer 2006

New Uncontested Divorce Packet Available

A COMPREHENSIVE UNCONTESTED divorce packet is now available to help self-represented litigants seeking an uncontested divorce where no children under 21 are involved. For the many litigants who cannot afford counsel, the packet will help to simplify the legal process.

The booklet does suggest that parties seek the assistance of counsel and provides a list of resources where attorney referrals may be obtained. Realistically, however, court officials recognize that retaining a lawyer is simply not an option for many who seek an uncontested divorce.

In simple question-and-answer format, the packet covers preliminary issues such as whether the litigant is eligible for a New York divorce and whether there are grounds for divorce. The bulk of the packet consists of a practice set of the necessary official forms, which litigants can fill out by following the detailed, step-by-step instructions provided in plain language.

The booklet also provides instructions for serving and filing the necessary court papers.

The new packet was created by Statewide Administrative Judge for Matrimonial Matters Jacqueline W. Silbermann in collaboration with Deputy Chief Administrative Judge for Justice Initiatives Juanita Bing Newton. Rick Ross, Executive Director of Strategic Planning, and the Committee on Matrimonial Practice were instrumental in the development of the project.

A packet for uncontested divorces involving children under 21 is being developed. Approximately 50,000 uncontested divorces are filed annually in the state.

The uncontested divorce packet is available at no charge at the Supreme Court in every county, as well as on-line at www.nycourts.gov/litigants/divorce or www.nycourthelp.gov.

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Web page updated: August 3, 2007 - www.NYCOURTS.gov