Paperwork Requirements and Expert Guidance: Uncontested Divorce NY

Posted by Skyseoroundtable on September 27th, 2023

DISCOVER WHETHER APPEARING IN COURT IS NECESSARY FOR AN UNCONTESTED DIVORCE IN NEW YORK AND WHAT PAPERWORK IS INVOLVED.

Are you considering an uncontested divorce in New York and wondering why you might need a New York Uncontested Divorce Lawyer? Our goal is to simplify the process and provide you with all the information you need to proceed efficiently and cost-effectively with a goal of avoiding Court appearances. Contact Beckerman & Granados, PLLC, today at (718) 374-5642 to schedule a consultation.

Streamlining Divorce with Uncontested Divorce Attorneys in Queens

Filing the correct paperwork is essential for a swift and successful uncontested divorce. Our Queens uncontested divorce lawyers have honed a streamlined process designed to make your divorce more efficient and less financially burdensome. At our firm, we prioritize personal attention to each client, ensuring that your case is handled with care and expertise. We understand the desire to move past a challenging relationship swiftly, without unnecessary delays or worries about paperwork and court procedures.



Understanding New York’s Uncontested Divorce

In New York State, there are two primary types of divorce: contested and uncontested. A contested divorce arises when you and your spouse disagree on various aspects of the divorce, such as equitable distribution, child custody, or alimony. In such cases, the Court may be required to make the final decision after a trial, necessitating your presence in Court

However, when both you and your spouse agree on the terms of the divorce, you are eligible for an uncontested divorce. This means mutual consent to end the marriage, as well as consensus on property division, child custody, child support, and visitation arrangements.

Grounds for an Uncontested Divorce in NYC

New York has transitioned to essentially a no-fault ground for divorce, specifically the “irretrievable breakdown of the marriage” lasting at least six months before filing for divorce. This means that if you and your spouse no longer wish to remain married and it’s unlikely that you will reconcile, you can request a “no-fault” divorce by stating there was an irretrievable breakdown of the marriage. This is not only the most common but also the most cost-effective approach to an uncontested divorce in New York.

Other grounds for divorce in New York include cruel and inhuman treatment, abandonment, imprisonment, adultery, divorce following a legal separation agreement, and divorce following a judgment of separation. These grounds are now almost never used and the Court does not like seeing people argue these grounds when the “no fault option” is readily available.

Meeting Residency Requirements

To file for divorce in New York, you must meet residency requirements. Either you or your spouse must have been living in New York for at least two continuous years before filing for divorce. Alternatively, one year of continuous residency is sufficient if you meet specific conditions such as getting married in New York or living together as a married couple in New York.

Navigating the Uncontested Divorce Process

Here’s a simplified breakdown of the uncontested divorce process in New York:

  1. 1. Free Initial Telephone Consultation: Reach out to our attorneys for an initial consultation at no cost.
  2. 2. Sign the retainer agreement, statement of client’s rights, and fill out the intake form. 
  3. 3. We then draft the initial papers and upon payment for the index number, We will file a Summons with the County Clerk, initiating your divorce case.
  4. 4. You then either have your spouse sign the papers we provide you or have a process server serve the papers within 120 days if concerned your spouse won’t readily sign. 
  5. 5. Once we receive back the papers signed by your spouse or upon your spouse’s default, you make the final payment and we prepare all required documents, sending them to you for review and signature.
  6. 6. Once we receive the papers you signed back, we file everything with the Court.
  7. 7. Judge’s Review: A judge will review and sign the papers. (Sometimes additional work may be required by the Judge before signing)
  8. 8. We then file and serve on your spouse notice of entry of the divorce once the Judge signs the papers. 
Estimating the Timeline
The duration of an uncontested divorce in NYC can vary, typically taking between 4 to 18 months from filing to judgment, depending on the county.
 
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Court Proceedings for Uncontested Divorce

One advantage of an uncontested divorce is that you generally do not need to appear in court or stand before a judge. Instead, specific forms must be completed and filed with the Court, a task efficiently handled by an uncontested divorce attorney. Once the Court Clerk verifies that all necessary paperwork is in order, a judge will review and sign the judgment. The Court will then notify you when the judgment is ready for collection.

Navigating the complexities of divorce can be overwhelming, but with the support of experienced attorneys, the process can be streamlined and more manageable. Consider reaching out to our Queens Uncontested Divorce Lawyers to simplify your divorce journey and ensure a smoother transition to the next chapter of your life. Contact our attorneys at Beckerman & Granados, PLLC, today at (718) 374-5642 to schedule a consultation. Hablamos español.
 

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Skyseoroundtable
Joined: June 24th, 2022
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