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For an uncontested divorce, spouses must create a settlement agreement that outlines how property, assets, and debts will be divided. This agreement should cover all marital property, which is any property acquired during the marriage, such as real estate, vehicles, and joint bank accounts.
Although you can complete a divorce without your spouses consent, you must take steps to notify him or her of your intention to divorce. If you cannot locate your spouse, you can still file for divorce, but only after you have taken steps to attempt to locate and serve him or her with the divorce papers.
Uncontested divorce forms are also available on the courts website at .nycourts.gov. The total court fees for an uncontested divorce will be a minimum of $335.00. This includes the $210.00 index # filing fee required to commence the divorce, and the $125.00 Note of Issue fee.
As long as you have a complete separation agreement (more on that below), the quickest way to get an uncontested divorce in New York is to state on your paperwork (under oath) that your marriage has been broken irretrievably for six months.
In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
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An uncontested divorce is one in which there is not a disagreement on issues such as custody, child support, division of property, debt allocation and maintenance. Because these issues have been settled, there is no need to litigate them in court.
Uncontested Divorce Overview STEP 1: Filing. A divorce case is started when a Summons With Notice or Summons and Complaint are filed with the County Clerks Office. STEP 2: Serving the Defendant. STEP 3: Defendants Response. STEP 4: Calendaring. STEP 5: Judgment.

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