25 Years of Experience
An uncontested divorce may take place when both parties agree that a divorce is necessary, and the terms of the divorce have been worked out in enough detail to allow an agreement to be drafted that resolves all of the issues of the marriage.
An uncontested divorce is a great solution if you and your spouse have been able to come to an agreement regarding the division of marital property and debts, the payment of maintenance (if any), and the issues regarding the children, such as custody, and support.
Generally the case begins when one party hires an attorney to process the uncontested divorce. The attorney will draft an agreement that resolves all the issues of the marriage based on the informal agreement of the parties. After the agreement is signed by both parties, the attorney will prepare the remaining divorce papers, and submit them to the Court for processing. Neither party will have to appear in Court, and each party will receive a copy of the agreement and a certified copy of the Judgment of Divorce, that officially dissolves the marriage.
An uncontested divorce is beneficial for clients largely due to the speed at which a case can start and end. It generally takes six (6) to eight (8) weeks to process an uncontested divorce, however, it depends on the cooperation of your spouse, the time it takes to get an agreement that meets the approval of both parties, and the backlog at the courthouse. Regardless of what some may claim, Uncontested Divorce is a process, and the time it takes varies from case to case.
There is no such thing as an online divorce in New York. Uncontested Divorce is a process that requires pleadings and affidavits that are submitted to the County Clerk and the Supreme Court of New York based on the rules set forth in the Civil Practice Laws and Rules (CPLR). Beware of form processing services, that claim you can do your divorce online, because it is only the documents that will be prepared online. It will be your responsibility to follow the correct procedure as you will be acting as your own lawyer when processing the documents through the system. Keep in mind that it will also be your responsibility to make sure the content of the documents comply with rules, and that you resolve all of the issues with a proper divorce agreement to prevent legal issues from cropping up in the future. Even in uncomplicated cases, parties often overlook important details and deadlines that the Court requires.