Can a uncontested divorce be done without going to court?

UPDATED: Oct 1, 2022

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Can a uncontested divorce be done without going to court?

I’ve been married for 15 years. There is no income at this time between us and no kids are involved. I have been threatened harassed and stalked by my husband and I want to end this marriage quickly before it gets real physical. He has pinned me against the wall by holding my jacket collar up around my neck, he has threatened my friend, and I have people who have seen him act out for no cause. I’m afraid that one day he is going to hurt me or I will go through dramatic measures to protect myself and I don’t want it to come to that. I’m staying at a shelter her so I don’t have means of any financial way for a divorce. What is the best way to get a divorce uncontested where I don’t have to have him in court with me?

Asked on March 11, 2018 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to go to Family Court NOW and file an Family Offense Petition for an Order of Protection and have him served.  Then you ned to go to The Legal Aid Society and ask for help to file for divorce.  If you meet the income qualifications it will be free.  Let the lawyer explain all the different scenarios but you will have to face him in court at some point, even in an uncontested scenario.  But you are protected there. Once you file for divorce the Family Court matter is transferred to a special divorce part called IDV along with the divorce action.  Good luck.

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