Uncontested Divorce Lawyer in NYC

Staying in Control of Your Divorce Requires Cooperation.

Divorce proceedings can get very heated, particularly when the issue of child custody, spousal maintenance and visitation are discussed. Experienced legal guidance will eliminate much of the stress and strain connected with finalizing marriage dissolution. Our effective negotiation strategy has come about through years of assisting divorcing couples through a very difficult process. Contact H. Benjamin Perez & Associates, P.C. to arrange for an initial case evaluation. Our firm has achieved a perfect 10 rating from the independent legal rating company Avvo® for good reason.

Contested vs. Uncontested Divorce

Expensive and stressful divorces are expensive and time consuming. Contested divorce is becoming less frequent, resulting in faster divorce proceedings. If the spouses can participate in a negotiation conference in our offices, all divorce issues can be discussed and ultimately agreed upon.

Division of the assets accumulated in the marriage and who will be responsible for the bills will also be addressed and resolved. Moderating such meetings is part of our service for uncontested divorces. Our firm does not expect you to negotiate these issues without assistance.

After everything has been worked out, we can prepare the Court Orders, have the terms reviewed by the divorcing parties and signed by the family court judge. That is the easiest type of divorce which costs far less in emotional stress and finances.

What Makes You Eligible for an Uncontested Divorce in NY?

In New York, an uncontested divorce is one where both spouses agree on all the major issues. For a divorce to be considered uncontested, some conditions must be met.

The couple must agree on the grounds for divorce. New York offers several grounds for divorce, but the most common for uncontested cases is "irretrievable breakdown of the marriage" for at least six months. New York allows for no-fault divorce, meaning that the couple agrees that the marriage has irretrievably broken down without the need to prove fault. This is often the ground used in uncontested divorces.

Additionally, At least one spouse must meet New York's residency requirements. This generally means that at least one spouse has lived in New York for at least two years before filing for divorce, or one year if:

• The couple got married in New York.
• They lived in New York as a married couple.
• The grounds for divorce occurred in New York.

Both spouses must agree on all key aspects of the divorce, including:

• Division of marital property and debts.
• Spousal support (alimony).
• Child custody and visitation arrangements.
• Child support.

If the spouses have a written separation agreement that they have lived apart under for at least one year, they may use this as grounds for an uncontested divorce. This agreement must be notarized and meet specific legal requirements.

Both parties must complete and file all necessary legal paperwork correctly. This includes the summons, verified complaint, and the affidavit of defendant, among others. The paperwork must be submitted to the appropriate court.

By meeting these criteria and agreeing on all significant aspects of the divorce, a couple can proceed with an uncontested divorce in New York, which is typically faster, less expensive, and less emotionally draining than a contested divorce.

Considering uncontested divorce? Speak with our attorney to start discussing your options today.

Frequently Asked Questions

What is the Difference Between Uncontested Divorce and Contested Divorce?

In an uncontested divorce, you and your spouse negotiate an out-of-court settlement which addresses all the important aspects of the divorce based on your own preferences and agreements. In a contested divorce, on the other hand, you and your spouse cannot come to agreements and bring the case before a judge who decides on these issues for you.

What are the Advantages of an Uncontested Divorce?

In either type of divorce, you end up being required to abide by the terms of divorce, but an uncontested divorce allows you and your spouse to stay in charge of the process, rather than being subject to the dictates of the judge. 

An uncontested divorce is also more private, as you will not have to expose your personal finances and private affairs to public scrutiny in the courtroom. Another advantage is that it is nearly always faster and far less expensive.

 One of the chief advantages of this approach is that it often enables the parties to maintain a more amicable and respectful relationship, which can be especially important when there are children involved.

Is Uncontested Divorce Right for Me and My Spouse?

Uncontested divorce in NYC is generally a far better approach than contested divorce, but it is not necessarily right for everyone. If you and your spouse simply cannot get along and find it difficult to agree on anything, uncontested divorce may not be an option for you. 

If, on the other hand, you are both determined to work out a mutually beneficial settlement and are willing to engage in respectful and constructive negotiations, you can most likely achieve success in an uncontested divorce.

What are the Grounds for Divorce in this State?

New York was the final state in the country to allow no-fault divorce, so it is now possible for you and your spouse to file for divorce without the necessity of proving that either party is responsible for the failure of the marriage. All that is required is that you can demonstrate that the marriage is "irretrievably broken." 

The fault based grounds, which include cruel and inhuman treatment, willful abandonment, three consecutive years of imprisonment of either spouse, and adultery, may influence factors such as the payment of spousal support or child custody. These factors do not, however, normally come up in an uncontested divorce.

How is Property Divided in a Divorce?

The division of assets and debts in a New York City divorce is decided according to the legal principle of equitable distribution. This means that the goal is to reach a division which is fair, even if it is not strictly equal. 

Rather than making an even 50-50 split of your shared assets and debts, the division will be made according to factors such as each party's contributions to the marital estate, which parent will receive child custody and what each party's financial circumstances will be at the conclusion of the divorce.

What Determines Whether Alimony Will be Paid?

Spousal maintenance is not automatically awarded in any divorce, and there is no presumption that it will be paid to either the wife or the husband. Either spouse may request support payments, based on factors such as the duration of the marriage, each party's present and future earning capacity, career sacrifices made while acting as a homemaker, and how long it will take for the recipient to acquire the training and education to become financially self-sufficient.

How Do We Decide Child Custody?

In your NYC uncontested divorce, the terms of your parenting plan will be decided by you and your spouse. The court will, however, not approve the plan unless it appears to serve the best interests of the children. 

The arrangements for child custody and visitation are influenced by questions about each parent's mental and physical health, each parent's lifestyle and ability to provide for the children's needs, and even the children's preferences if they are sufficiently mature to express these.

Contact Our Divorce Lawyers in NYC

When children are involved it will be beneficial to them to know their parents were able to sit down and negotiate all issues related to dissolution of the marriage. You may not be best friends after the process is completed, but you will have saved yourself much time and money and unnecessary stress by sitting across a conference table rather than sitting on opposite aisles of a courtroom.