Document Preparers & Uncontested Divorce

Understanding Uncontested Divorce

An uncontested divorce is when both parties agree on the terms of their divorce. This often means they agree on issues, if appropriate, like child custody, child support, spousal support, and property division.

Using a Document Preparer

A document preparer is a professional, often a paralegal, who can help you prepare the necessary legal documents for your uncontested divorce. While they can’t provide legal advice, they can assist you in completing the paperwork accurately and efficiently.

Steps to Follow:

1. Gather Necessary Information: You’ll need to provide the document preparer with information about your marriage, such as:

   • Date of marriage
   • Address and SSN (if you have)
   • Ages of children (if any)
   • Property and debts (if any)

2. Written agreements are optional: There is no written agreement for most people in an uncontested divorce. But, this could include details about child custody, child support, spousal support, and property division, if applicable.

3. Prepare the Documents: The document preparer will help you complete the required forms, including:

   • Summons and Notices
   • Documents for your spouse to sign
   • Stipulation of Settlement (if children or assets/debts)
   • Judgment of Divorce

4. File the Documents: Once the documents are completed, We The People will file them with the appropriate court in New York State. The court will review the documents to ensure they are complete and accurate, which ours always are.

5. Must I serve my Spouse: Your spouse must be served with a copy of the summons ONLY IF THEY REFUSE TO SIGN. As long as they’re willing to sign, you may give them the paperwork in person, email or 3rd party.

6. Wait for the Judgment: After the documents are filed, the court will issue a judgment of divorce. This finalizes the divorce process.

Advantages of Using a Document Preparer

• Cost-effective: Using a document preparer is generally less expensive than hiring a lawyer.
• Efficient: They can help you complete the paperwork quickly and accurately.
• Simple: They can guide you through the process, making it easier to understand.

Important Note: While a document preparer can assist you with the paperwork, they cannot provide legal advice. If you have complex legal issues or are unsure about your rights, it’s advisable to consult with an attorney.