<P> 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 waives 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 allegations by testimony or affidavit in such a case . </P> <P> For New York State Supreme Court to have jurisdiction over the parties (see DRL § 230) one of the following residency conditions must be satisfied: </P> <Ol> <Li> The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began . </Li> <Li> The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began . </Li> <Li> The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began . </Li> <Li> The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced . </Li> <Li> If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce . </Li> </Ol> <Li> The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began . </Li>

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