To proceed with an uncontested divorce in New York State, you need to file a Summons and Complaint , which tells the court the grounds for the divorce and the spouses ’ agreement to end the marriage . Your spouse can't file an Answer to the Complaint or your divorce will become contested. You and your ex must then file an Affidavit of Service , which contains the details of the agreement and that both spouses have been served with the Summons and Complaint . The court will then review the Agreement and grant the uncont ested divorce if it finds that all legally required elements have been met .
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