Guiding Clients Through the Uncontested Divorce Process

If you and your spouse want a divorce and agree on how to handle alimony, property division, and other family law issues, you can file for an uncontested divorce in New York.

Fortunately, this type of divorce is usually the fastest and most straightforward way to end a marriage, as you likely won’t have to spend time arguing over legal details. That being said, it’s still beneficial to hire an experienced divorce attorney to help handle any legal complications that might arise during the uncontested divorce process.

For this reason, you should contact the Law Offices of David Bliven for assistance in completing and filing all the required documents, as well as guidance through every step of the legal proceedings. If you have questions about the New York divorce process and want answers from a trusted team, call our law firm today to schedule a consultation.

What Should You Know Before You File for Divorce in New York?

Whether you plan to seek an uncontested or contested divorce, you’ll have to meet specific requirements before you can file for divorce in New York State. As you prepare to file divorce papers with the Supreme Court, it’s critical that you can prove that you meet the residency requirements and know which grounds for divorce you’ll use in your case.

To meet the residency requirements, either you or your spouse must have been living in New York State continuously for at least two years before filing a divorce petition. If you’ve only lived in this state for one year, you may qualify to start divorce proceedings if one of the following is also true:

• You got married in New York
• You and your spouse live in this state as a married couple
• The grounds for divorce occurred in this state

Next, you’ll need to consider whether you’ll pursue a no-fault divorce or prove one or more grounds for divorce in New York. The simplest choice is typically a no-fault divorce, as you can cite an irretrievable breakdown of your marriage for at least six months. If you’re prepared to go through the often time-consuming process of proving fault, you can choose from the following grounds for a New York divorce:

• Your spouse has been in prison for at least three years
• Your spouse committed adultery
• Your spouse abandoned you for at least one year
• You experienced cruel and inhuman treatment at the hands of your spouse
• You and your spouse signed a legal separation agreement and have lived apart for one year or more

If you need help with these initial steps of an uncontested divorce, you should contact a trusted legal team to walk you through the process. Call our law firm today for a confidential consultation before filing divorce papers with the court.

What Should You Expect from the Uncontested Divorce Process?

The legal process of an uncontested divorce is similar to a contested divorce, but it’s generally simpler and involves few, if any, court appearances. Of course, this could change if you and your spouse find an issue that you no longer agree on and need to negotiate, in which case you’ll be glad to have a skilled divorce attorney to guide you.

The first step of the uncontested divorce process is to file a petition with the court to initiate your case. This paperwork should state your grounds for filing for divorce and acknowledge that you meet the residency requirements. You will also need to specify how you want to handle important family law issues, such as spousal support, child custody, child support, and asset division.

You will then need to arrange for your spouse to be served with the divorce papers within 120 days of filing. They will have about a month to respond. If they agree with the divorce and the family law issues you’ve outlined in the legal documents, they can indicate this in their response to the court, and your uncontested divorce can proceed.

If they don’t agree, they can file an answer with the court that pushes the needle towards a contested divorce. In this case, you should prepare to attend mediation to negotiate an agreement with them when possible so you can avoid a trial.

Once you’ve filed all the required documents and it’s apparent you and your spouse agree on the major legal issues in your uncontested divorce case, the court will review the paperwork. If the Judge approves the settlement agreement you and your spouse worked out, most likely s/he will simply sign off on the paperwork, at which point your uncontested divorce will be finalized.

These steps generally take anywhere from six months to a year to complete. The timeline for your uncontested divorce may be longer if there is a backlog of divorce cases for the court to process, or if there are errors or delays in filing legal documents with the court. If you want the best chance of avoiding these delays, you should hire an uncontested divorce lawyer

Call our New York law office to start your divorce case.

Why Should You Hire an NYC Lawyer for an Uncontested Divorce?

While it’s possible to pursue an uncontested divorce in New York without help from an attorney, it’s not recommended – especially if you’re hoping for your divorce to be finalized quickly. This is because there are numerous complex legal terms and documents you must understand for optimal results. Completing and filing forms without fully knowing what you’ve agreed to can result in long-term consequences, such as the loss of assets or child custody arrangements you’re not satisfied with.

A skilled uncontested divorce attorney can assist with your divorce case by:

• Ensuring you complete the correct legal forms
• Making sure you don’t miss any filing deadlines
• Arranging to have your spouse formally served within 120 days of filing
• Negotiating an agreement to equitably divide marital property and determine fair child custody, child support, and spousal support terms
• Uncovering potential issues you might not be aware of, such as hidden assets

In short, the right attorney for your uncontested divorce will streamline the process, helping you get the results you desire as quickly as possible. Contact our office today to learn how we can assist with your NYC uncontested divorce case.

Are You Ready to Call Our New York City Uncontested Divorce Lawyer?

At the Law Offices of David Bliven, our team is committed to guiding clients through uncontested and contested divorce cases of all kinds. Whether both parties agree on all key issues or require mediation to reach an agreement, our lawyer is here to help.

You can rest assured that we have your best interests in mind and would be happy to guide you toward the results you want for your uncontested divorce in New York. If you’re ready to start your uncontested divorce case as soon as possible, please call 914-468-0968 to schedule a consultation.