In New York, Uncontested Divorce is based upon the parties reaching an agreement about all of the issues in their divorce, such as child support, custody and equitable distribution. Once all of the issues have been agreed upon, a written Agreement is drafted setting forth all of the terms of the parties’ settlement. This Agreement is often known as a Separation and Settlement Agreement.
When a Separation and Settlement Agreement has prepared, the parties do not necessarily have to wait one year from signing the Agreement to go forward with the uncontested divorce.
In New York, an uncontested divorce is based upon the written Agreement for the purposes of advising the Court as to the terms of the settlement. This avoids the need for a trial and, in most cases, the need for the parties to even appear in Court at all.
Provided that the parties are in agreement as to the fault grounds for divorce that will be used, such as cruel and inhuman treatment or sexual abandonment, they can proceed immediately to obtain a New York uncontested divorce rather than waiting the one year that is required for divorced based on the grounds of living separate and apart under a Separation Agreement.
In New York, an Uncontested Divorce is obtained by submitting the written Agreement with other Court forms, such as required affidavits and the Judgment of Divorce to the court. After the papers have been submitted, the case will be assigned to a Judge for review and approval. Provided that all of the requisite forms have been submitted in the proper form, and all other legal and procedural requirements adhered to, the Judge will execute the New York Uncontested Divorce Judgment and return the signed papers to the Plaintiff’s Attorney for filing and service.
Proceeding with a negotiated and uncontested divorce can help save you money and expedite the divorce process. In contested divorce cases, it is not uncommon to hear of parties who have spent thousands of dollars in legal fees and costs. This money could better be spent on rebuilding your life and contributing to the support of your children.
In New York, an uncontested divorce is based upon negotiation, compromise and settlement. To proceed with a New York Uncontested Divorce, you and your spouse will first have to agree on a settlement of all of the relevant issues, such as parenting time, support and a division of your assets and debts. You will likely have to make many compromises in reaching a settlement with your spouse. You should consider what issues are most important to you. Other, less critical issues, are possible areas of compromise in your negotiations with your spouse.
The actual divorce is obtained after the preparation of a Separation and Settlement Agreement. The agreement is a formal written contract that outlines all of the terms of your settlement. After the Agreement has been entered into, you can either wait one year or, if you and your spouse can agree on grounds for divorce, proceed with an immediate divorce. At the time the divorce is pursued, the Separation and Settlement Agreement will be filed with the Court along with other New York Uncontested Divorce forms. Provided that all of the procedural and legal requirements have been met, the Court will execute the papers and issue a divorce.
