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Can a divorce that was orininally contested be filed as uncontested once the Stipulation of Settlement was signed?

Brooklyn, NY |

Hello. My husband and I were involved in an uncontested divorce, and signed a stipulation of settlement. Can I now file for the final divorce decree as an uncontested divorce?

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Attorney answers 4

Posted

The simple answer is yes, but you must make certain the appropriate documents are also signed and submitted. You can see these at the NYS Office of Court Administration Web Site and drill down to the uncontested matrimonial forms. Since you've already executed separation agreement, no point discussing that.

Posted

It depends on when the complaint was filed and the judge. Some judges will not allow you to modify a prior fault based divorce complaint to a no fault complaint.

Posted

It depends on the posture of the case. If there is a judge assigned already, you can notify the court that you have settled. Some parts will let you avoid further hearings at that point, but others may want an inquest. If there is no judge assigned, you most likely will be able to submit the papers. In Kings Supreme, you can speak with the matrimonial clerk's office (10th floor) and also there is a help office in the basement.
Best Regards,

Morghan Leia Richardson, Esq.
Divorce Mediator and Attorney

Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
www.RichardsonLegalPLLC.com
Tel: 212-537-6744
Fax: 212-574-3337

Posted

Like the other attorneys that responded, it depends on the judge, how far the litigation has progressed and the grounds originally plead in the complaint.
Many times, even with a fully executed Stipulation of Settlement, the judge will hold an inquest in court. At the end of the inquest, you can move to "conform the pleadings to the proof," and the divorce will be granted on the grounds testified about at inquest.
Please contact your attorney to obtain information more specific to your matter.
Best regards,
Wendy A. Keegan, Esq.
Conti & Keegan, P.C.
1110 South Avenue, Suite 11
Staten Island, New York 10314
Tel. 347-273-1310
Fax 888-999-8935
Email contikeegan@gmail.com

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