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?
To file for an uncontested divorce in the state of New York, you must complete and file a packet of forms with the County Clerk’s office. It is possible that over 20 forms will have to be completed. These forms may only be used when the divorce is uncontested; if there is a “fight” between the divorcing parties, then the forms shall not be used. To file an uncontested divorce, it is not required that you use the services of an attorney.
Is a Divorce Attorney Required for Uncontested Divorce in New York?
The services of an attorney may be beneficial so that he or she may help you optimize the results of your divorce proceedings. For example, an attorney’s expertise regarding division of joint marital property, liability for joint debts, child custody and support, spousal support, insurance benefits, and orders of protection may help ensure that you receive the proper share and settlement of your divorce. A New York lawyer can assist you in filing an uncontested divorce. The service of an experienced family law attorney may also be advisable if the divorce proves to be contested by you or your spouse.
About Us
The Law Offices of Stacy Sabatini, Esq., in New City, New York, represents clients in all aspects of family law matters in Rockland County, Westchester County, and Orange County. If you are in need of an uncontested divorce, and would like to schedule a free consultation with an experienced family law attorney, you can fill out our online form or call (845) 243-0295.