Requirements for a NY Uncontested Divorce
A NY uncontested divorce (where you and your soon to be ex-spouse agree on certain things) is an affordable, inexpensive, fast and easy alternative to a expensive, time consuming, gut-wrenching, litigious contested divorce (where you cannot reach an agreement and need to go to court to reach a resolution).
Clients often ask how to get a cheap, quick NY divorce. This is how.
Certain requirements must be met before a NY divorce lawyer may be able to file your uncontested divorce in New York State. If you meet the following requirements, we can represent and counsel you:
1.) You and your spouse agree on the grounds for divorce (i.e., the reasons justifying getting divorced), which may be one of the following:
- Abandonment (your spouse has left the marital home for a period longer than a year)
- Constructive Abandonment (either you or your spouse has refused to have sexual relations for more than one year)
- Adultery (you and/or your spouse had a sexual affair)
- Written Separation Agreement (must be filed with the court one year prior)
- Cruel and Inhuman Treatment
- No-Fault (Your marriage has been irretrievably broken for six months.)
2.) If you have children, you and your spouse must agree on child custody issues, including the exact amount of child support to be paid, or have an Order from Family Court.
3.) There usually is property to divide between the two of you. Many clients claim they have no assets, but after considering all the possibilities realize that they actually do. Assets can be anything from a bank account or pension plan to any other real estate or personal property. You and your spouse must agree on how your assets and liabilities are going to be divided and distributed by the court.
In New York, it doesn’t matter whose name is officially on the bank account or who owns the property. Any property acquired during the marriage is considered “marital property” and may be equitably (i.e., fairly) divided between you and your soon to be ex-spouse by the court. Additionally, any increase in value of your “separate property” (i.e., property that you had before marriage) may also be equitably divided and distributed by the court.
4.) You or your spouse is currently residing in New York (the length of time required depends on your specific set of circumstances).
I will only be your uncontested divorce attorney and will not represent both you and your spouse (due to potential ethical issues). When you hire me to represent you, we will go over all of the issues surrounding your divorce. I will also prepare and file all legal documents for the finalization of your NY uncontested divorce. I will listen to your concerns and answer all of your questions. I pride myself in providing my clients with the information they need keep the process as fast, easy and painless as possible.
Contact Us for Your Free Initial Consultation
For your convenience we offer free phone consultations. I promptly return phone calls and emails, even outside of normal business hours. I pride myself on being accessible to you from the start to finish of your case.
Contact me now to schedule an appointment to discuss your uncontested divorce or other legal issue.