Uncontested Divorce FAQ
New York Uncontested Divorce Frequently Asked Questions
If you find yourself reading this page, you and your spouse may be considering a divorce in New York. An uncontested divorce provides you with many advantages as the court procedures are streamlined. To discuss the details of your divorce and to see if you qualify for an uncontested divorce, contact our law firm for a free and confidential consultation.
A simple, non-confrontational divorce can save substantial amounts of time and money.
What is an uncontested divorce in New York?
When both parties agree on getting a divorce, and can come to an agreement on all terms, including child custody, visitation schedule, spousal and child support obligations, along with equitable distribution of their assets and liabilities, then an uncontested divorce is a viable option to consider. Once both parties are in agreement, one of our skilled attorneys will draft a stipulation of settlement to finalize the divorce.
What are the advantages of an uncontested divorce?
There are many advantages, the biggest one is that the two parties have total control over the outcome. All terms are agreed upon by the two parties that are divorcing, rather than a judge. It’s considerably less expensive, much faster, and not as emotionally taxing.
Why do I need a lawyer for a New York uncontested divorce?
It’s certainly advisable to have legal counsel for filing and negotiating an uncontested divorce. Each New York county has their own requirements. New York State has many forms that need to be completed in the uncontested divorce packet, and those can be overwhelming and complicated. If an unrepresented person fails to follow proper procedure, their application can be rejected, which delays the process and could result in a dismissal if the proper corrections are not made timely.
How long does an New York uncontested divorce take?
When both parties are in full agreement on terms, and required forms are completed and signed, it typically takes 3 to 6 months from the date the final documents are filed with the court.
Do I need my spouse’s signatures on divorce papers or permission to file an uncontested divorce in New York?
No. The only requirement is that spouse is properly serviced notice of divorce through personal service. Their failure to respond within 30 days, will result in a default divorce case and paperwork can be filed as an uncontested divorce. If one of the spouses fails to appear in a divorce action, then the other party can proceed with an uncontested divorce.
What concerns are there for couples that have children?
The divorcing parties must agree upon legal and physical custody, financial obligations and a visitation schedule. Child support is based on a calculation of income, so with help of an attorney, it’s easy to calculate.
Could an application for uncontested divorce be rescinded, if the two parties don’t agree on terms?
In New York, a divorce is initiated by filing a Summons of divorce – there is no indication that the divorce is uncontested or contested by the filing. The two parties can start off with best of intentions to resolve their terms together, but if an amicable agreement cannot be reached, then a Request for Judicial Intervention can be filed, and the divorce can proceed with reliance on a judge to determine the outcome.
Get the Experienced Guidance and Advice You and Your Family Need
No matter what the circumstances of a divorce are, it is rarely a trouble-free process. However, if you and your spouse can agree on all of the terms regarding your finances, custody concerns and your emotions do not complicate the situation, then an uncontested divorce may be the right options for you.
If you are contemplating a legal separation or divorce, contact our office to arrange a consultation.
Our experienced New York City divorce attorneys can provide the clarity and compassion you need to move forward. Our firm is bilingual and serves both English and Spanish-speaking clients.
Call 646-475-3656 today to make an appointment.