Wednesday, June 12, 2024

How To Get Uncontested Divorce In New York

I’ve Seen Cheaper Services Why Should I Choose Ezdivorce

How to File For Divorce in New York

We’ve also seen others offer divorces at hard-to-believe prices. How do they do that?

What they’re not telling you, is that while they may offer “instant documents” at cheap prices, the documents are either filled in by computer or arrive incomplete, leaving you without any guidance. Poorly-prepared documents might not reflect the specifics of your case or even worse – possibly get rejected by the court.

ezDivorce documents are prepared by experienced matrimonial specialists who diligently draft and deliver court-ready divorce documents. We never offer “instant paperwork” because our experts spend time drafting documents specific to your case. Additionally, we offer options for quick turnarounds so you can receive your documents when you need them. We do the heavy-lifting – you sign & file!

Is Online Divorce Allowed In New York

Online divorce can be a real time saver and a money saver as well. Using online resources is a cheap and easy way to get a legitimate divorce in New York. However, it is important to understand what an online divorce can and cannot do for you. New York may allow the use of online divorce resources, but you have to be pursuing an uncontested divorce for the online option to be most effective.

How Does My Spouse’s Bad Behavior During The Marriage Impact The Divorce Action

If your spouse’s bad behavior fits the grounds for divorce , you can file for divorce on those grounds. It is not necessary, since New York has adopted âirretrievable breakdownâ as a standard, but it might give you some feeling of vindication. If your spouse’s bad behavior was financial, leading to a dissipation of your common assets, the court could decide to award you a greater share of your marital property during the equitable distribution process. Bad behavior of a spouse that indicates poor parenting skills can also impact child custody disputes.

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Gather The Information You Need To Complete The Forms

A divorce is considered uncontested if one of the following two things occur:

  • You and your spouse agree on the terms of divorce, including financial issues and, if you have children, issues concerning custody and child support, or
  • Your spouse fails to respond to your complaint.

To fill out the forms for an uncontested divorce, you will need a number of things, including:

  • Your name and address
  • A copy of your marriage certificate
  • A copy of any agreement that you have reached with your spouse like a settlement agreement
  • A list of the property you and your spouse jointly or separately own, and debts you and your spouse have incurred.
  • A copy of any Orders for Protection, if applicable

Factors That Influence The Length Of Divorce

Contested or Uncontested Divorce. Which is the Better Way ...

Other factors that can influence the duration of the divorce process is if there are children involved, significant properties and other issues, regardless if the parties agree on every matter. Considering the amount of paperwork involved and the fact that the judge must review it all in order to confirm that they comply with the appropriate divorce laws and that the agreement is in the best interest of the children involved, the length of time for the conclusion of the divorce grows with every additional issue. Even the Courts schedule can influence the amount of time it takes for divorce.

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How Long Does An Uncontested Divorce Take In Ny

If theres an attorney involved, it could be quite a few months before your file is complete and ready to go into court. But once its submitted to the court, in my county, which is Nassau County on Long Island, it generally takes two to three months for a divorce to become final.

But some other counties such as Queens County, which is part of New York City, take nine months to a year. It all depends upon the county that you submit in, the number of cases that they have pending, and the number of judges available to deal with uncontested divorces.

Benefits Of Uncontested Divorce

While a traditional litigated divorce is typically a stressful and time-consuming, uncontested divorces obtained through the mediation or the collaborative process helps to reduce conflict and stress, saves a considerable amount of money and promotes a better co-parenting working relationship, if there are children involved.

Although you dont necessarily need a lawyer to complete the process, it is strongly recommended and encouraged to at least contact one in order to avoid errors within legal proceedings. The documents that comprise an uncontested divorce packet are numerous and detailed. Moreover, a comprehensive written and duly executed agreement addressing the division of the spouses marital assets and debts, spousal support, if any, child support and all other issues concerning the children, if any, must accompany the uncontested divorce documents. The agreement is legally binding and is drafted by attorneys specializing in divorce law.

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New York City Residency Requirements

There are several options for meeting divorce eligibility requirements in New York. A couple can file for divorce if:

    • Either party has lived in the state continuously for at least two years, or
    • Either party has lived in New York continuously for at least one year and got married in New York State, or
    • The party still lives in New York as a married couple, or
  • The grounds for your divorce happened in New York State, for couples filing an “at fault” divorce.

What Happens When My Spouse Fails To Comply With A Court Order

New York Divorce Attorney | Uncontested Divorce in New York (FE9)

A court order has the force of law behind it, so if your spouse refuses to abide by the terms, you can ask the court to enforce the order. Upon hearing the facts, the court can find your spouse has violated the terms and is in contempt of court. Depending on the specifics of the order, remedies can include incarceration, fines, wage garnishment and the seizure of assets, such as bank funds, tax refunds and lottery winnings. We have been successful in seeking incarceration of spouses inwillful violation of a court order.

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Will I Be Required To Appear In Court At Any Point

One benefit of filing for an uncontested divorce is that you will typically be able to avoid going to court. Unless the judge has a question about something listed in the divorce proposal, it is rare that either party would be required to appear in court. However, if you or your spouse disagrees with any of the terms laid out in the agreement, the divorce would no longer be uncontested. Both sides must agree on all issues. If this is not possible, the case will go to court.

What Is An Annulment

An annulment is a dissolution that treats the marriage as though it never occurred. Usually, grounds for an annulment include evidence of fraud, misrepresentation, or concealment in the marriage.

The majority of annulments take place after a short period of time and can be much more difficult to prove than a standard divorce. Some people prefer an annulment to a divorce because it will be easier for them to remarry in their church. Others feel divorce carries a stigma they would prefer to avoid.

Talk to one of our divorce lawyers to discuss which option will work best for your case.

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Do You Need A Lawyer For An Uncontested Divorce

It depends on the complexity of your case. Youre not required to have a lawyer. Youre not even required to have a lawyer in a contested divorce.

But you would be silly not to. Divorce is a very complicated law.

Specifically, as far as an uncontested divorce goes, the court has an uncontested divorce packet available online or in-person at the court, where you can pick up all the forms.

Lawyers dont use forms. We draft our own documents. But the court has generic forms that you can use, and they provide instructionsno legal advice, but guidelines.

You can try doing it without a lawyer.

I get calls many times during the year where people will have started an uncontested divorce on their own. Then they realize that theyre in over their heads, and they want to get a lawyer to pick up where they dropped the ball.

But there are cases where people handle uncontested divorces successfully by themselves. Frankly, it all goes again back to how complex it has to be, based upon the facts and circumstances of your case, and how long your marriage has lasted.

Getting A Divorce In New York With A Child

A Guide to Uncontested Divorce in New York

Getting a divorce in NY without a lawyer, spouses who have kids need to reach an agreement on the following aspects prior to filing:

  • Who will make decisions regarding childs upbringing, medical care, etc.
  • Where the kid will live and whether one of the parents will have visitation rights.
  • Which parent will pay child support and how much will be paid.

Note that the child support amount varies depending on the income of both parents and the number of underage children in a marriage. There are state guidelines that need to be followed when calculating the child support payments for the amount to be approved by the court. Moreover, parents getting a divorce in New York need to consider best interest of their children when working on an agreement. Otherwise, they will have to visit the hearing to discuss the arrangement with a judge, and he or she will likely overrule your decisions if they arent deemed fair for a kid.

Can I file for divorce in New York without a lawyer?

Yes, you can if you qualify for an uncontested divorce in New York. It means that you and your spouse should both agree to end your marriage and settle your disputes regarding asset division, alimony, custody, etc.

How to file for uncontested divorce in the state of New York?

Any married couple who decides to file for an uncontested divorce in New York must meet the state residency requirements and reach an agreement on childcare and parenting, alimony , as well as property and debt distribution.

  • Two years.

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Step : Initiating A New York Divorce

Documents Needed for Filing for Divorce

Some of the documents required for filing a divorce in New York areas below:

  • Summons & Complaint or Summons With Notice: This is served on the defendant to verify that he/she has received the divorce documents which have been filed.
  • Continuation of Healthcare Coverage Notice
  • Notice of Automatic Order: This has a list of all the court orders which restricts both spouses from taking decisions until the divorce is finalized.
  • Settlement Agreement : Used to negotiate all the property and child custody details before the trial.

If you are filing for divorce in New York and your divorce is an uncontested one, then you can use the following forms:

  • If you do not have children under the age of 21 years and your marriage has ended for a minimum of 6 months, then you can make use of the DIY Uncontested Divorce Program to complete your divorce papers.
  • If you have children who are under 21 years of age, then you must use the Uncontested Divorce Packet.

Filing Your Forms

Once you have signed the papers and the forms have been notarized, you must file them with the county court clerk along with the court fees. The county clerks office is where all the case files of the particular county are held for the supreme court. Some counties allow you to file your divorce papers electronically over the internet via the NYSCEF system. You can check the county list to see if you can e-file your papers.

Child Support In New York

Child support ensures the children’s financial well-being is protected after the divorce. If the parents agree on child support payments, they just have to submit the agreement for the court’s approval. The court will generally accept their agreement as long as certain requirements are met.

If the parties don’t agree, the court will use the state’s child support guidelines to determine child support.

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New York Uncontested Divorce Frequently Asked Questions

What Is an Uncontested Divorce?

An uncontested divorce is one in which there is not a disagreement on issues such as custody, child support, division of property, debt allocation and maintenance. Because these issues have been settled, there is no need to litigate them in court. As a result, typically the judge will simply sign off on the terms and issue a final decree of divorce. If one of the parties fails to show up for the divorce hearing, the court may consider the divorce uncontested and issue the final divorce decree.

What Issues Must We Agree on to Get an Uncontested Divorce?

To get an uncontested divorce, you must agree on

  • Desiring the divorce

What Can We Do if We Cant Agree on Everything?

Rather than moving to a contested divorce, you can have a collaborative divorce, where the parties openly communicate and work together to come to an agreement with the help of specially trained collaborative divorce attorneys.

When Is a Contested Divorce the Only Option?

An uncontested divorce is not possible when any of the key divorce issues just discussed are a topic of disagreement. If you also cannot reach agreement with a collaborative divorce, a contested divorce is your final option.

What Is the Process for Getting an Uncontested Divorce in New York?

What Are the Advantages of an Uncontested Divorce?

Uncontested New York Divorce

New York Uncontested Divorce:

In the case of an uncontested divorce, there is an agreement between your spouse and you about all the issues such as property division, child custody and support, alimony, etc. As per the New York law, your spouse and you must also agree on the reason or grounds of your divorce. And, since there is an agreement on all the issues between your spouse and you, there is no need for the judge to have a trial.

Also, you must state that your marriage is broken irretrievably and that there are no chances of your spouse and you getting back together. Usually, irretrievable breakdown of marriage is the common grounds that both spouses agree upon in the case of an uncontested divorce. Also, a divorce is considered as uncontested when a spouse files for divorce and the other spouse does not participate in all the divorce

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The Ability Or Inability To Work In Cooperation During The Divorce Process

The last thing a couple wants is for a divorce to drag on ad infinitum. But when a couple who files for a divorce has a great deal of assets to divide or children and custodial rights to be considered, it often muddies the waters. Once a divorce becomes confrontational between spouses, it takes longer for a resolution.

Domestic Partnership In Ny

In the past, domestic partnerships were an alternative option for same-sex couples who could not legally marry in New York State. However, same-sex marriage was legalized in New York on June 24, 2011 and then by the U.S. federal government on June 26, 2015. Today, domestic partnerships are available to same-sex and heterosexual couples alike.

Keep in mind that domestic partnership is not the same as marriage. When comparing domestic partnership vs. marriage, you should weigh what each does and does not include before making a decision as to which is best for you and your partner.

Benefits of Domestic Partnerships:

  • Recognized in New York
  • Eligible for employer family benefits, including health insurance, life insurance, death benefits, and sick and family leave
  • Can avoid the marriage tax penalty

Downsides of Domestic Partnerships:

  • Not recognized by all 50 states, or on the federal level
  • Not considered “family” by law
  • Cannot petition for non-citizen family immigration
  • Will not automatically inherit partner’s assets upon their death
  • Not exempt from federal estate tax

Domestic partnerships and marriage have their own pros and cons. Speak with a family lawyer on Long Island if you need advice as to which option works in your and your partner’s best interests.

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New York State Restrictions On Marriage After Divorce

There is no post-divorce remarriage waiting period in the state of New York. You will need to ensure your divorce is final, granted by the judge, and that a Final Decree of Divorce has been signed. The court will give you proof in the form of a written judgement that lets you know your divorce has been finalized. If you are unsure if your divorce has been finalized, it would be beneficial not to get married until you are certain. Once you know your divorce is final, you and your ex-spouse should retain your respective copies of the divorce decree.

How To File For Divorce In New York

Uncontested Divorce in New York State

By Maddy Teka, Esq. | Reviewed by Bridget Molitor, J.D. | Last updated June 12, 2020

Anyone who has been through a divorce will tell you it’s a difficult process, typically fraught with intense emotions and frayed nerves. Some divorces are amicable, however, and you may be able to get a divorce without much conflict. Whatever situation you find yourself in, it’s important to understand the New York divorce process before you take any action. This is especially true for divorces involving minor children.

The following information is intended to help you navigate the divorce process in the Empire State. Before filing for divorce, however, it may be in your best interest to consider a collaborative divorce.

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