Uncontested divorce in New York

If all the issues are decided between the parties they may agree to submit the papers to the court for approval; this is known as an uncontested divorce. When the defendant is served but does not answer the legal pleadings the plaintiff may seek a default judgment by application to the court. If the divorce is started with a Summons with Notice then the grounds will either have to be proven by plaintiff's affidavit or by testimony at an inquest if the divorce is uncontested or to be granted by default.

Uncontested divorces are also granted after the defendant appears and the right to answer the complaint. In these cases the defendant neither admits nor denies the plaintiff's allegations, it is up to the plaintiff to prove the by testimony or affidavit in such a case.