HOW DO I OBTAIN A NO SIGNATURE REQUIRED DIVORCE IN NEW YORK?
In Order to obtain a Divorce in New York State the law requires service of a Summons with Notice or service of a Summons and Complaint. Once served personally, your spouse has twenty days to respond to the documents (if served in New York State) or the non response by your spouse will be considered a default. This is what some lawyers and document preparation agencies call a “No Signature Required Divorce.” To the lay person, this terminology may be misleading because it may imply that their spouse does not have to know about the divorce in order for them to obtain a divorce. This is not true. The spouse seeking the divorce (the “Plaintiff’) must present proof to the Clerk of the Court, via an Affidavit of Service, that the necessary documents were served on the other spouse (the “Defendant”) and the time for the Defendant to respond has elapsed. The best way to have your spouse served with divorce papers is through a licensed process server.