(web).jpg)
Uncontested Divorce
Overview of an Uncontested Divorce in New York
An "Uncontested Divorce" is simply one where you and your spouse agree to divorce and have settled all of the issues necessary to obtain a divorce, such as division of marital property and debts, and if applicable, matters of Spousal Support, Child Support, and Custody.
What are the Benefits of an Uncontested Divorce
The divorce process has the potential to be both emotionally and financially draining. Uncontested Divorce involves a skilled attorney drafting all of the relevant paperwork for your divorce proceeding based upon the agreement you and your spouse have reached. Neither you nor your spouse will need to appear in court. This saves both time and money, as you will not be required to pay hourly legal fees for lengthy court appearances, nor will you be required to take time off from work. At the Law Office of Amina Rashad, we charge a low flat fee for your Uncontested Divorce. Our flat fee covers beginning to end full service, inclusive of all filing fees. Call or Chat with us now for a free case evaluation.
What are the Requirements for an Uncontested Divorce in New York
In New York, you can file for an uncontested divorce when you and your spouse agree about the following:
-
to divorce
-
the grounds of divorce
-
how to divide marital property and debt
-
who gets custody of the children and parenting time for the other parent
-
how much child support will be paid, and
-
whether spousal support will be paid and by whom.
To able to file for divorce in New York, you also have to satisfy the “residency requirements” of the law. This means that either:
-
you or your spouse has been living in New York for at least two continuous years immediately before filing for divorce, or
-
you or your spouse has been living in New York for at least one continuous year immediately before filing for divorce and
-
you got married in New York, or
-
you lived in New York as a married couple, or
-
the grounds for your divorce happened in New York.
-
The Uncontested Divorce Process
-
Commence Action- All divorces, whether Contested or Uncontested, start out the same way: by filing either a Summons with Notice, or Summons with Complaint
-
Serve Defendant Spouse with Summons with Notice or Summons with Complaint within 120 days of commencing your divorce action. Note that a third party over the age of 18 must serve the Defendant, and you cannot serve your spouse. Likewise, in New York, personal service is required. This means that the Defendant must be served in person--you cannot leave the paperwork with a family member, or in the Defendant's mailbox. In an Uncontested Divorce, where the spouses are in agreement about the divorce, we can generally forego this step, as the Defendant Spouse will sign an Affidavit of Defendant admitting service.
-
Affidavit of Defendant is signed by the Defendant. To the extent that the parties have any marital assets to divide, or children, the Defendant will also execute the Stipulation of Settlement, or Agreement that memorializes the agreement between the parties.
-
Once the Affidavit of Defendant and, if applicable, Stipulation of Settlement, are signed in front of a notary, the Defendant spouse returns these signed documents to you. Your attorney will then provide you with various documents, including the Affidavit of Plaintiff, for your signature. To the extent that there is a Stipulation of Settlement, this will need to be signed by you as well.
-
After all documents have been signed by both spouses, our office then completes the remainder of the Uncontested Divorce packet and submits to the Court.
