New York Uncontested Divorce
How an uncontested divorce works in New York
What is an Uncontested Divorce?
An uncontested divorce is a divorce where there are no significant disagreements between the couple on almost all key terms of the divorce. These key terms of the divorce include child support, child custody, debt allocation, division of property, and spousal maintenance (alimony). The divorcing spouses can typically navigate the process relatively quickly and with minimal litigation between the spouses. Since the couples avoid litigating in court, this means that they can often move on with their lives sooner, and having spent less money on the divorce.
The divorce process is not always quick, though. An improperly done divorce can result in serious stress, huge expenses, and tarnished relationships. For this reason, when dealing with a divorce, it is in your best interests to have a New York uncontested divorce lawyer by your side to help you navigate this difficult period. If you and your partner are looking to divorce amicably and avoid drawn-out divorce proceedings, you should get in touch with our office to talk to an experienced divorce and family law expert. Just like any other family law matter, divorce can be complex. DIY forms and generic online legal services may not account for New York’s specific legal requirements, which can lead to costly mistakes.
At Douglas Family Law Group, PLLC, we have a team of accomplished divorce attorneys who can guide and advise you on your best options. Our team is highly experienced in all areas of New York divorce law and is committed to pursuing the best possible outcome for your divorce under New York law.
Have questions on the uncontested divorce process? Don’t go it alone.
Contact our office today to discuss your options and understand your rights.
What are the Requirements For an Uncontested Divorce?
An uncontested divorce is a divorce where both partners come to a mutual agreement on nearly all matters. This means that the spouses must be able to communicate with one another and find common ground on the separation of marital assets, responsibilities, and obligations. Once these issues are settled through negotiation, there is no need to litigate in court. In fact, once the parties have executed a proper settlement agreement, a judge will simply review the terms for enforceability and sign off on the agreed terms of the divorce and then issue a final Judgment of Divorce.
To be granted an uncontested divorce in New York, you and your spouse have to agree on the grounds, or the reason for the divorce. New York state law allow for a “no-fault” divorce, meaning that you don’t have to claim “fault-based” grounds like abandonment, imprisonment, or adultery for divorce. To learn more about the different grounds for divorce, checkout our blog on the different grounds for divorce here.
No-Fault Grounds for Divorce
In New York, spouses are able to “agree to disagree”, meaning that they are allowed to cite a “irretrievable breakdown” in the marriage as grounds for a divorce. In 2010, new legislation was enacted to allow for no-fault grounds for the irretrievable breakdown of the marriage for a period of at least six (6) months before filing for a divorce. The “irretrievable breakdown” refers to a situation where you and your spouse no longer want to be married to one another, and there is no feasible way to work things out to make the marriage continue.
While there are several other grounds for divorce, they are rarely used in New York, as they tend to involve contentious litigation and much greater resources than filing under the No-Faults Ground.
Grounds for Divorce in New York
No-Fault
A spouse may file for divorce if there has been an irretrievable breakdown in the marriage for a period of 6 or more months.
Abandonment
A spouse may file for divorce if the other spouse has abandoned him/her for a period of one or more years.
Adultery
A spouse may file for divorce if their spouse has had in sexual contact with another person outside of the marriage.
Imprisonment
Imprisonment is grounds for a divorce if one spouse has been incarcerated for a certain period of time.
Inhuman Treatment
A spouse may file for divorce when emotional, physical, or other forms of abuse have occurred during the marriage.
Separation
A spouse may file for divorce when they have lived apart for at least one year pursuant to a valid separation agreement.
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How Do You Get an Uncontested Divorce?
While an uncontested divorce in New York tends to be quicker and less expensive than a contested divorce, it can still be a long process. It involves a lot of paperwork, negotiations, and occasionally, complications. Fortunately, an experienced New York divorce lawyer can help guide you through the process of filing the necessary paperwork, negotiating with your spouse, and taking all of the necessary proper steps.
It starts with the filing of the summons and complaint. Our office frequently drafts and files these documents, so you’ll be best served by speaking with one of our attorneys who can help you understand what these documents mean, take care of the drafting and filing of them, and then the required service of process on the opposing party.
If your spouse has already filed, it is important that you speak with a New York divorce attorney quickly, as you will have a set period of time to respond to the Summons and Complaint that you have received. Not to worry, our office also routinely helps clients understand the documents they have been served with, as well as draft and file responsive papers to ensure that they do not default on their divorce.
Summons & Complaint vs. Answer
Summons & Complaint
A Summons and Complaint is the paperwork that officially starts a divorce in New York.
The Summons lets your spouse know that a divorce has been filed and explains how long they have to respond.
The Complaint explains basic information about the marriage and what the filing spouse is requesting from the court, such as divorce, property division, child custody, and child support.
Answer
The Answer is your spouse’s written response to the Summons and Complaint.
In an Answer the spouse agrees or disagrees with what was filed and may state their own requests.
Once the action is started, the negotiation then starts. Our office will help you complete the required Statement of Net Worth, which is your sworn statement of financial information that must be notarized. These are valuable documents that facilitate negotiation when it comes to equitable distribution. To understand more on equitable distribution, read our summary here.
Once the attorneys have gone back and forth regarding the key terms of the agreement, there will likely be settlement terms ironed out and a Stipulation of Settlement will be drafted. The Stipulation will encompass the key terms of the divorce, creating the operating agreement for how the divorce will be finalized. Any further changes to the terms in the Stipulation will then be negotiated back and forth.
Finalizing Your Uncontested Divorce
If the parties are able to come to an ultimate agreement on all key terms of the divorce, the attorneys will facilitate the execution of the Stipulation of Settlement in the presence of a notary to formalize the agreement. This will then be included in the final divorce papers to be submitted with the court.
Once submitted with the court, the assigned Judge will then review the submitted documents to ensure they meet New York’s legal standards. If everything is in order, the Judge will issue a Judgment of Divorce, which will be filed with the County Clerk. Upon filing, your marriage is officially dissolved. You will want to retain your certified copies of the divorce documents for your records, as these will be necessary for name changes, property transfers, and other various post-judgment needs pursuant to the Judgment of Divorce.
Do I Need an Attorney For An Uncontested Divorce?
As with any legal matter, an uncontested divorce works best when you have an attorney to help you understand your rights. While you may navigate the process on your own, having experienced attorneys ensures that you have a divorce agreement that will work for you both now, and into the future. Don’t forget that your divorce judgment will be permanent and enforceable by law. You should ensure that all interests are well represented and your rights are accounted for. Never assume that if the agreement proves unworkable, unfair, or inconvenient, you can simply revisit it when you want.
Courts will not make changes or annul a finalized divorce agreement unless you can prove that you meet the statutory requirements for a post-judgment modification, which is not always easy. Working with an experienced New York divorce lawyer can help you prevent needing to go back and revise your divorce judgment by accurately defending your wants and needs throughout the settlement process of your uncontested divorce.
When you work with our office, you can be certain that you will be getting the best advice there is when it comes to New York divorce law. You will have a clear understanding of exactyl what you are signing off on, and we will also guide you through each procedural requirement to ensure your agreement is legally valid and fully encforceable.
Don't Go it Alone
If you and your spouse are considering a divorce and are in alignment regarding the key terms of a divorce, we’re here to help. We understand that New York divorce laws can seem intimidating, even when you are on the same page about key divorce issues, but we are here to help. The decision to file for divorce is life-changing and emotionally draining. All aspects of your family adn personal life will be considered, and potentially affected, underscoring how important it is that you find excellent representation to help you write your next chapter, on your terms.
When you contact our office, your first meeting will be with our Client Engagement Specialist. They will take the time to understand your situation, your goals, and what matters most to you. Once you retain our Firm, you’ll be personally introduced to your legal team. Your Client Engagement Specialist will remain with you throughout your entire journey with the Firm. This ensures that you always have guidance, communication, and support every step of the way.
We are here for you as you embark on this journey. Our expert legal team will deliver strong legal advice, tailored to your particular circumstance. Call us at 914.615.9058 today to schedule your initial consultation and take the first step toward your new future, on your terms.
