When people picture divorce, they imagine tense testimony under bright courtroom lights. In reality, many Nassau County couples sail through the process without ever setting foot in a courtroom. Modern New York procedure, thoughtful preparation, and digital filing have turned what once felt like a public spectacle into a largely paper-driven event. Below are the moments when court appearances are still required, the strategies that keep you comfortably out of the courthouse, and the steps you can take right now to smooth the road ahead.
Uncontested Divorce
If both spouses agree on every key issue, such as property division, parenting time, child support, and maintenance, your matter is considered uncontested. You (or your attorney) file a packet of signed documents with the Supreme Court in Riverhead or Central Islip. A judge reviews the paperwork in chambers, signs the Judgment of Divorce, and the clerk mails it back. No testimony, no witnesses, and no open-court hearing. In Nassau County, a clean uncontested filing can finalize in as little as six to eight weeks.
Contested Divorce
Any disagreement—say, over who keeps the house or how much support is fair—moves the case to the contested track. That triggers scheduling orders, preliminary conferences, discovery deadlines, and, if settlement fails, a trial. Each of those milestones may require one or more courtroom visits.
New York’s e-filing system (NYSCEF) now allows attorneys to file pleadings, motions, and even sworn statements online. During the pandemic, judges grew comfortable accepting sworn affirmations in place of live testimony for uncontested matters. While in-person appearances have resumed for trials and conferences that truly require them, routine status checks often happen by Microsoft Teams or a simple phone call between counsel and the court clerk. The result: far fewer disruptive trips to Riverhead.
Many couples’ first attempt at private mediation. If an agreement is reached, the mediator drafts a settlement that your attorney converts into a formal Stipulation of Settlement. Signed stipulations are submitted with your uncontested packet. Even when you file a contested case, Nassau County judges typically order an initial settlement conference within forty-five days. If the parties come to terms, the judge can mark the matter settled on the record and waive trial. So you may appear for one brief conference in a private chambers setting, then never return.
Can we both use the same lawyer to save time?
No. Ethical rules prohibit an attorney from representing both spouses where interests may conflict. You can, however, hire a neutral mediator and then have separate counsel review the final agreement.
Will the judge interview my children?
Only in highly contested custody matters. For uncontested cases, the court relies on signed affidavits and parenting plans.
Do I need to appear to get the divorce decree if my spouse disappears?
If diligent search efforts fail, you can request an alternative service by publication. Once granted, the court often allows a default judgment with minimal testimony from you alone.
What if we settle after filing a contested divorce?
Submit a fully-executed stipulation, and the court will convert the matter to uncontested status, cancel future dates, and process the judgment administratively.
Most Nassau County clients are relieved to learn that divorce does not always involve public hearings or dramatic courtroom showdowns. Careful planning, genuine cooperation, and strategic legal guidance can keep you comfortably out of the courthouse while still protecting your rights and assets.
If you are considering divorce and want the smoothest path possible, call Chris Palermo or complete the confidential form on our website. We have guided Long Island families through uncontested and contested cases for over twenty years, and are ready to help you close this chapter with clarity and confidence.