Being a grandparent is one of life’s greatest joys but, when grandparents are denied visitation or custody of their grandchild, the sense of loss and feeling of hopelessness can be overwhelming. In New York, grandparents may have a legal right to visitation or custody of their grandchildren in certain circumstances. Although visitation rights or custody are not guaranteed, the courts will allow grandparents’ rights when the following three elements are proven to exist: 1) that the grandparents have legal standing to participate in a court proceeding; 2) granting visitation rights or custody is in the best interest of the child; and 3) the grandparents have a pre-existing relationship with the child.

Uncontested divorces can be time-efficient, cost-effective and less stressful than traditional divorces. However, when the parties are parents of children, the process can become significantly more complicated. If you have children and are considering an uncontested divorce in New York, a qualified family law attorney can help ensure that the rights of you and your children are best represented.

What is an uncontested divorce?

An uncontested divorce is a type of divorce in which the spouses have agreed on all major issues surrounding the marriage’s end, such as, but not limited to, the division of any property and child custody, prior to filing. A divorce can also be considered uncontested if one spouse files for divorce and the other fails to appear at the divorce proceedings.

What are the requirements for obtaining an uncontested divorce in New York?

There are several requirements under New York law that must be met in order to obtain an uncontested divorce. These include:

Many people assume a divorce must be contested if there are a large number of assets, minor children involved or many years of marriage. This is untrue. It is possible to have an uncontested divorce in New York even with these factors involved, as long as both spouses are in agreement.

The best way to proceed is by reaching an agreement with your spouse prior to filing.  Before filing a divorce action, if both parties agree on the grounds for divorce, division of assets, property and debt, child custody & visitation & visitation, support, and any spousal support, the divorce can be uncontested and appearance in court is not mandatory.

On August 15, 2010, Governor David Paterson signed a bill that created no-fault divorces in New York. Previously, only fault based criteria or separation could be cause for divorce.

No-fault divorces occur when two actions are completed: first, one party testifies that the spousal relationship has been broken “irretrievably,” meaning beyond repair, for at least six months. Second, spouses must have resolved all economic issues of property distribution, spousal and child support, fees, as well as custody and visitation issues. The settlement of the economic and domestic issues may be settled through a final judgement as determined by the Court.