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:
• Residency requirements
1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
3. The cause occurred in New York and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
4. The cause occurred in New York and both parties are residents thereof at the time of the commencement of the action, or
5. Either party has been a resident of New York for a continuous period of at least two years immediately preceding the commencement of the action.
In addition, the parties
- Must agree to divorce and on the reason for the divorce
- Must agree on child custody, visitation and child support
- Must agree on the division of property
- Must agree on whether spousal support will be paid
What are the benefits of an uncontested divorce?
In an uncontested divorce, all major issues are already agreed upon, which allows for three significant benefits of obtaining an uncontested divorce over a contested divorce. First, an uncontested divorce is much quicker than a contested divorce. Second, an uncontested divorce is much more cost-effective. Third, an uncontested divorce allows the party to avoid the stressful and emotional ordeal of contentious proceedings.
Do I need an attorney to obtain an uncontested divorce?
It may be tempting to think that a divorce attorney is unnecessary for an uncontested divorce because seemingly all marital issues are resolved at the time of filing. However, an attorney can be invaluable to you as you engage in the uncontested divorce process. A qualified divorce attorney will advise you on all aspects of the law, including real estate and child custody and visitation, to ensure that your rights are fully protected. Also, an attorney will prepare your documentation for you: incorrectly completing a divorce form can have devastating unintended effects on your family’s future. Finally, an uncontested divorce may change into a contested divorce when one or both parties changes their minds about an issue.
Questions? Contact Our Law Firm
If you are considering an uncontested divorce in New York, a qualified divorce attorney can help reduce the stress and anxiety of the divorce process while protecting your rights. The Law Office of Stacy Sabatini, Esq. is located in New City, NY, and serves family law clients throughout Rockland County. For more information or to contact us, please visit www.sskfamilylaw.com.
