Divorce is never easy, but it doesn’t necessarily have to be complicated and stressful. In Garden City, NY, couples who agree on the major aspects of their divorce—such as dividing property and handling child custody—can achieve an uncontested divorce, which avoids long and expensive court battles. With the guidance of a divorce attorney at The Saul Law Firm LLP, you can go through the process smoothly, knowing that we handle all of the legal work for you.
What Is an Uncontested Divorce?
An uncontested divorce is one in which both spouses agree on all the critical parts of ending their marriage. This means there are no outstanding issues about who gets what property, how child custody will work, and how much support one spouse will pay the other. The main difference between an uncontested and a contested divorce is that in a contested divorce, the couple can’t agree on these essential issues and they need the court to assist them in determining these issues.
For a divorce in New York to be uncontested, both spouses must agree on all of the terms. If disagreements arise, even minor ones, the divorce might shift to a contested one, which can be more time-consuming and expensive.
Benefits of an Uncontested Divorce
Opting for an uncontested divorce offers several advantages:
- Cost-Effective – Because there’s no need for long court battles or multiple hearings, an uncontested divorce is usually much cheaper. You’ll save on legal fees, court costs, and other expenses.
- Faster Process – When you don’t have to work around a court schedule for a judge to make decisions on your case, the process moves more quickly. Most uncontested divorces take less time because both parties have already agreed on the terms.
- Less Stressful – Divorces can be emotionally draining, but when both parties agree, there is less conflict. This makes the process smoother and easier for everyone involved, especially children.
- Relative Privacy – Uncontested divorces typically don’t require many public court appearances, which keeps your personal matters out of the spotlight. Most of the negotiations and agreements happen privately, so you can maintain more privacy during the process.
Requirements for an Uncontested Divorce in New York
There are a few basic requirements for filing an uncontested divorce in New York.
Residency
One or both spouses must meet New York’s residency requirements. This typically means that at least one of you has lived in the state for a minimum of two years before filing for divorce, although there are other ways to satisfy this requirement.
Legal Grounds
In New York, you can file for divorce in two ways: “no-fault” or “fault-based.” A no-fault divorce means that neither person is blaming the other, but instead, they agree that the marriage has been broken for at least six months. This is the most common reason used in uncontested divorces because it doesn’t require proving any wrongdoing by either spouse.
Mutual Agreement on Major Issues
For an uncontested divorce, you and your spouse must agree on all of the following:
- Property Division – Who gets the house, car, and other significant assets?
- Child Custody and Visitation – Where will the children live, and how will the non-custodial parent spend time with them? And who will make major decisions affecting the children?
- Child and Spousal Support – If applicable, how much is the order of support, and how long will it continue?
- Debt Division – How will debts like loans or credit card balances be split?
Steps Involved in Filing for an Uncontested Divorce
Here’s a breakdown of what you can expect during the uncontested divorce process in New York.
Prepare and File the Necessary Paperwork
You will need to fill out several forms, including a Summons and Complaint, a Settlement Agreement, and an Affidavit of Plaintiff. These forms outline the terms of your divorce, and you must complete them accurately to avoid delays. A Garden City divorce lawyer can file your paperwork on your behalf, so you don’t have to worry about whether it was done correctly.
Serve the Divorce Papers
Once the forms are ready, you, as the plaintiff, must serve your spouse with the divorce papers. This must be done in person by an independent third party, or the process could be delayed.
Review and Sign the Settlement Agreement
The settlement agreement is a document that details how you will divide property, handle child custody, and settle other issues. You and your spouse must both sign this document after reviewing it thoroughly. Having legal representation during this step ensures that the agreement is fair and legally enforceable.
File the Settlement Agreement and Finalize the Divorce
After signing, you submit the settlement agreement to the court. Typically, the court reviews the agreement, and if everything is in order, you can finalize the divorce. In most cases, the process concludes within a few months, and the court will issue a divorce decree.
When to Consider Legal Assistance for an Uncontested Divorce
Even if you and your spouse agree on everything, it is wise to consult a divorce attorney in Garden City rather than attempt to handle your divorce alone. This can help you avoid common mistakes that could lead to problems later on. For instance, you must word legal documents appropriately to ensure they are enforceable, and you must resolve all relevant issues for the divorce to be valid. A lawyer can ensure you understand your rights throughout the process and you do not overlook anything important.
Common Misconceptions About Uncontested Divorce
Many people have certain misconceptions about uncontested divorce in New York. Among the most common are the following:
- It Doesn’t Require Legal Guidance – Some people think they can handle the entire process without a lawyer, but even uncontested divorces can involve tricky legal details. Having legal support can prevent costly mistakes.
- It Can’t Address Complex Issues – Another myth is that uncontested divorces only work for simple cases. However, you can still handle complex matters like dividing assets or creating a parenting plan in an uncontested divorce. A lawyer can help you figure out these details while keeping the process straightforward.
Contact Our Garden City Divorce Attorneys Today
At The Saul Law Firm LLP, our divorce attorneys are here to help you through the uncontested divorce process. While you might be tempted to handle your divorce on your own, having a legal team to guide you during the process can save you time, money, and stress. If you’re considering an uncontested divorce, reach out to our team to get the support you need to move forward with confidence.
The Saul Law Firm, LLP helps clients throughout Garden City, Nassau County, Suffolk County, Long Island, Queens, Garden City, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.