Uncontested Divorce in NY

Staten Island Divorce Attorney

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.