Will I have to appear in court for an uncontested no fault divorce?

UPDATED: Oct 2, 2022

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Will I have to appear in court for an uncontested no fault divorce?

We settled on everything and filed no fault. Now I see that our case is on the judge’s calendar for next week but I have not received any notice from the court. However, having seen this on ecourts I want to know if I have to appear?

Asked on August 7, 2019 under Family Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You definitely want to appear for the divorce. If you don't, you will have no input into, or chance to object to or challenge, the final outcome of the divorce. Without you being there, your soon-to-be-ex spouse can possibly request changes to what you agreed to, or the judge can on his/her own make changes, either deliberately or simply by mistake, and you will not be there to object, to correct the record, or to represent your interests.

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