The Reality of Divorce

The ideal situation is you remain married and live happily ever after, but that is simply not the case for many couples in New York. You got married, you lived together for a while, perhaps you started a family, and you ultimately realized one or both of you was no longer invested in this marriage. This is when you decide you want to divorce. You fell out of love, your financial stress is too much for you to bear, or you’ve moved on to someone else. Whatever the case, an uncontested divorce is the kind of divorce you really want in New York.

What is an uncontested divorce?

An uncontested divorce is one in which neither you or your spouse fight over things such as your debts, assets, or even your kids. You work together to come up with an agreement that works for both of you so that you can get the divorce over with as quickly as possible, and you might even do this while maintaining a friendly or at least civil type of relationship with one another.

An uncontested divorce in New York is one in which you both agree on the following terms without arguing, fighting, or wanting to change terms.

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Legal Scenario: What Would You Do?

Scenario

You and your spouse have been living apart for over a year and both agree the marriage is over. You've already divided your belongings informally and have no children, but you're unsure how to legally end the marriage without a drawn-out court battle.

Can we get an uncontested divorce in New York without both of us hiring separate attorneys and going through a lengthy trial?

Attorney's Answer

Yes, New York allows uncontested divorces when both spouses agree on all major issues including property division, debt allocation, and if applicable, child custody and support. Under New York Domestic Relations Law § 170(7), you can file for a no-fault divorce by stating that the marriage has been irretrievably broken for at least six months. An uncontested divorce can often be completed without either party appearing in court, saving significant time and legal fees. However, it is still advisable to have an attorney review your settlement agreement to ensure your rights are fully protected and the paperwork is filed correctly with the county clerk.

This is general information only. Contact us for advice specific to your situation.

• Child support
• Child custody
• Alimony
• Division of assets and debts