About Contested Divorce
Your divorce will be contested if either you or your spouse:
- Do not want to get a divorce
- Disagree about the grounds (legal reasons) for the divorce
- Disagree about what will happen with your children, your finances, or your property after the divorce
Because the judge will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to the Supreme Court numerous times. If your divorce will be contested, you should seriously consider finding a lawyer to represent you.
You might want to consider divorce mediation or collaborative family law.
Contested Divorce Timeline
Before Filling Out Forms
The New York State Unified Court System offers free instruction booklets and forms for people starting a divorce.
Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be "uncontested" (i.e., your spouse will not oppose the divorce in any way). There can be a lot more to think about than just ending the marriage and filling out court papers. (For example, there may be property to divide between you and your spouse, or you may need an Order of Protection and/or child support and other financial support, among other things).
If you are unsure how to find a lawyer, see Finding A Lawyer for help.
Contested Divorce Forms
Official Statewide Forms:
- For attorneys and self-represented litigants
- Valid throughout New York State
- Required by Court Rules
(see 22 NYCRR 202.16(h))
(see 22 NYCRR 202.16(p))
Warning: Prior to using this form, please contact your local Supreme Court Clerk’s Office to determine if they have additional requirements to be added in an Addendum to the form, if any.
Forms For Privately Paid Attorneys for the Child (formerly known as Law Guardians) in the 1st, 2nd, and 4th Departments.