Don’t pay a NY divorce lawyer $300 to $600 an hour to represent you if you don’t have to. If you and your soon-to-be ex-spouse can agree on certain things, you may be eligible for an uncontested divorce.
If you meet the New York residency requirements, can agree on the grounds for divorce (or the legal justification to end your marriage)
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).
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
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 has lived in New York for at least one year. Read my NY divorce residency requirements blog post for more detailed residency law information.
Again, an uncontested divorce is one way to save a lot of money on your divorce. Our law office solely focuses on NY uncontested divorce and offers one of the most affordable divorce rates in all New York State, just $499. Contact us to claim your free divorce consultation…