Uncontested Divorce in NY
Staten Island Divorce Attorneys
In an uncontested divorce, you and your spouse agree upon everything regarding the dissolution of your marriage. If you serve divorce papers on your spouse, he or she will sign the papers and send them back to you. You can also obtain an uncontested divorce if your spouse does not return or answer the papers within a certain time period and you can prove that they were properly served. If your spouse disagrees with anything in the divorce papers, then the matter becomes a contested divorce and you will have to resolve your differences through negotiation, the courts, or both.
No-Fault Divorce Law in New York
In October 2010, New York became the last state in the country to enact a no-fault divorce ground. Under this law, you can get divorced if your marriage has "broken down irretrievably" for six months or more. In New Jersey, the concept of no-fault divorce was adopted in 2007, and while it is called “Irretrievable Breakdown”, the basis is the same as that explained above for New York. Either party to the marriage can assert this ground for divorce. It is not required that you be separated for the last 6 months; all that is required is that the marriage has been "broken down" for six months. Issues of equitable division of marital property, spousal support payment or waiver, child support payment, attorney fees, child custody, and visitation must be resolved before the Court can grant a no-fault divorce.
We can advise you on all of the legal aspects of an uncontested divorce. Get specific answers to your questions by consulting with a lawyer at your earliest opportunity.
Have Questions?
We Have Answers!
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Where Can I File My Divorce Paper Work?If you are currently engaged in an uncontested divorce then you can file your divorce papers at the County Clerk’s Office, or online using the New York State Courts Electronic Filing System. However, many times this isn’t the case and you need an attorney that will guide you through your divorce. Contact my firm today for more information.
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What Are Grounds for Divorce in the State of New York?In New York any of the following reason will qualify you for a divorce: complete marital division (no-fault divorce) for a period of at least 6 months, abuse, abandonment, prison time, cheating, or a period of legal separation.
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Why Aren’t My Strategy Sessions Free of Charge?Nationwide, many attorneys offer free case consultations, but when you enter the office you are not given a consultation of your rights and your options. That is why at my law office you will not be met with unfulfilled promises. During one of my case strategy meetings, I can guide you through your entire case and outline your options if you decide to pursue legal action with my firm. With my experience, skills, and knowledge you can rest assured that your case will be treated with care.
