06 Aug 23

What does it take for my case to be an uncontested divorce in New York?

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Last Updated on: 2nd October 2023, 06:51 pm

If you are contemplating ending your marriage, you may wonder whether or not you qualify for an uncontested divorce in New York.

If you want to pursue an uncontested divorce in New York, there are specific requirements that must be satisfied. These requirements include:

No Property Dispute

In order to obtain an uncontested divorce in New York, you and your spouse must be in agreement regarding the division of property and debt. An uncontested divorce is more likely when a couple has a moderate amount of property and uncomplicated debt.

No Dispute Regarding Child Custody, Parenting Time, and Support

Even if you have minor children, you can potentially obtain an uncontested divorce in New York. However, it is generally more difficult to have an uncontested divorce when children are involved. If you have minor children and want to pursue an uncontested divorce, you and your spouse must agree on all matters related to child custody, parenting time, and child support.

Self Help Forms

If you and your spouse are in agreement with everything, you can proceed with an uncontested divorce. The state of New York provides standard forms that are accessible through the court system’s website and individual Family Courts. These forms must be filed with the court to initiate the divorce process.

Additionally, there are financial disclosure forms and other documents that must be prepared and submitted to the court, even in an uncontested divorce.

Settlement Agreement

Once all necessary paperwork has been filed and submitted to the court, you and your spouse will need to complete and submit a settlement agreement. This agreement outlines all agreements made regarding property and debt division, child-related issues, alimony, and name restoration.

Final Divorce Decree

After a requisite period of time has passed and all paperwork has been submitted, a final hearing can be scheduled with the Family Court to obtain a divorce decree. At this hearing, the judge will review the settlement agreement to ensure it is just, fair, and equitable. The court will also assess the child custody and support arrangements to ensure they are in the best interests of the child and consistent with New York child support guidelines.

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The Derailment of an Uncontested Divorce

While a divorce may start as uncontested, it can become contested due to emotional challenges and legal complexities. To increase the chances of maintaining an uncontested divorce, it is advisable to retain an experienced New York divorce attorney. Legal representation can help protect your rights and navigate the complexities of the Family Court process.

Even in an uncontested divorce, Family Court procedures can be complex, and mistakes can lead to unnecessary delays. Hiring an attorney ensures that the process is handled correctly and efficiently.

Retain Legal Representation for an Uncontested Divorce

If you believe your divorce case will be uncontested, it is recommended to consult with a New York divorce lawyer before proceeding. An attorney can evaluate your case, answer your questions, and provide guidance during an initial consultation, often at no cost to you.