Many people assume a divorce must be contested if there are a large number of assets, minor children involved or many years of marriage. This is untrue. It is possible to have an uncontested divorce in New York even with these factors involved, as long as both spouses are in agreement.

The best way to proceed is by reaching an agreement with your spouse prior to filing.  Before filing a divorce action, if both parties agree on the grounds for divorce, division of assets, property and debt, child custody & visitation & visitation, support, and any spousal support, the divorce can be uncontested and appearance in court is not mandatory.

On August 15, 2010, Governor David Paterson signed a bill that created no-fault divorces in New York. Previously, only fault based criteria or separation could be cause for divorce.

No-fault divorces occur when two actions are completed: first, one party testifies that the spousal relationship has been broken “irretrievably,” meaning beyond repair, for at least six months. Second, spouses must have resolved all economic issues of property distribution, spousal and child support, fees, as well as custody and visitation issues. The settlement of the economic and domestic issues may be settled through a final judgement as determined by the Court.

A divorce may be settled… yet fighting in court, or litigation, may continue if a former spouse wants reconsideration of the divorce judgment. Three types of post-divorce litigation are appealing a divorce judgment, appealing the marital settlement agreement, and modifying the divorce decree.

Appealing a divorce judgment in New York is not very common and very difficult to successfully carry out. A divorce judgment may be successfully appealed when it is shown that the judge in charge of the divorce settlement misapplied the law when making the final decision. This is different than contesting a fact. Rather, it must be shown that the judge reached an incorrect decision because he or she misapplied legal procedure or reasoning.

In New York, there are seven grounds, or actions, for divorce. This means that in order for a divorce to be procured, one partner must maintain at least one of the following reasons:

1. The relationship between spouses has broken down irretrievably for a period of at least six months. A divorce will only be granted on these grounds if there has been prior, equitable settlement of economic and child related issues, including financial support, division of assets and payments.
2. Cruel and inhuman treatment causing physical or mental damage making cohabitation dangerous or unsuitable.
3. Abandonment for at least one year.
4. Imprisonment for at least three consecutive years during the marriage.
5. Adultery, which is defined as any voluntary act of sexual intercourse.
6. Separation according to decree or judgment for one or more years.
7. Separation according to agreement of separation for one or more years.

An uncontested divorce occurs when two conditions are met. First, when there are no disagreements between you and your spouse over divorce related issues, including financial and child custody arrangements. Second, when either both you and your spouse agree to divorce, or when your spouse does not appear in divorce proceedings. In other words, an uncontested divorce occurs when all issues related to division of assets, property, liabilities, payments, etc. are settled, and also when either both parties agree to the settlement, or when one party does not oppose the divorce.

How to File for an Uncontested Divorce in the State of New York?