Cheap New York Uncontested Divorce Online
The process of obtaining a divorce is often a complicated process. But it does not need to be so. In order to simplify and speed up this process, the Law Office of Jean Mahserjian offers an array of online flat fee services. These include conversion divorce, mediated divorce, separation agreement and divorce, and separation agreement only. With a clearly listed flat fee and no hidden costs, these services may be availed here. If you meet the following conditions, you are a great candidate for these unique online services.
- You and your spouse have either a Separation Agreement, or a Mediated Agreement, or an agreement that you worked out between the two of you. In regard to all of these types of agreements, you and your spouse must be in agreement on grounds for divorce and custody and child support and spousal support and the division of property. This site contains NY Law Pages on all of the above issues. Please review those pages, and other informational if needed, to ensure that you are comfortable with the agreement that you want us to memorialize. There are links to our NY Law Pages on the top of each page on our Uncontested Divorce Site.
- You understand that our Flat Fee services will not include any negotiation regarding the division of any qualified or other pension plan. The Flat Fee service also does not include our preparation of any Order necessary to divide your qualified or other pension plan. For information on the division of qualified or other pension plans, please see our Pension Page. Our office can and will provide a referral to a qualified Certified Divorce Planner who can assist with the division of a qualified or other pension plan if you need that assistance.
- Either you or your spouse are a resident of the State of New York. There are residency requirements to obtaining a divorce in New York State.
Getting an Uncontested Divorce Without an Agreement
The first thing you and your spouse must do in seeking an uncontested divorce is to agree upon all of the issues that need to be resolved before the court can issue a judgment of divorce. These issues typically include division of assets and debts, custody of your children, child support, and spousal maintenance. If you have not talked about those issues, it is time to start. You may choose to handle this on your own. Or you may choose to do so through mediation, or negotiation between attorneys. However, you and your spouse must be in agreement on all of these issues prior to obtaining an uncontested divorce. Unless you want to go to court, your agreement must be in writing as opposed to merely verbal. If your objective is to obtain an uncontested divorce based on papers alone and without a need to go to court, you will need a written agreement. If you want to obtain an uncontested divorce without an agreement, you will have to go to court.
- Find a way to agree upon every issue that needs to be resolved before the court can issues a judgement of divorce.
Agreement for an Uncontested Divorce Without Assets
To finalize a judgment of divorce, the court bases its decision upon an agreement in which the parties have addressed certain specific issues, including division of assets and liabilities, custody, child support, and spousal maintenance. Because the court needs to be assured of those facts, you still need an agreement even if you do not have any marital assets. Without such an agreement, the court can render a judgment of divorce only if a hearing is held to address all of those issues. Or the parties have gone to court and actually stated on the record in front of the judge that they have no assets or liabilities and have resolved all of their other issues. The court can then render its decision.
- An agreement that addresses matters like distribution of marital property, spousal support, child custody and child support will help you save time by eliminating the need to attend a hearing.
Getting an Uncontested Divorce When a Spouse Lives in a Different State
There are a number of uncontested divorce cases for individuals who reside in New York State but whose spouses do not. A New York court can take jurisdiction or authority over a divorce case in many ways, even if one spouse resides elsewhere. Once it is established that you are both in agreement and that one spouse does in fact reside in New York state, your lawyers can ensure that your paperwork is properly submitted to the court. This will enable you to obtain a divorce in New York State.
- There are many different ways for a New York state court to have jurisdiction even when one spouse lives out of state.
Obtaining an Uncontested Divorce When Your Child and Spouse Live in Another State
Several of my clients ask me if they can obtain an uncontested divorce if their spouse and children live in a different state. A challenge arises if there are children of the marriage who do not reside in New York State. This is because, if the children have lived in another state for more than six months, New York State does not have jurisdiction regarding custody of those children. That means any divorce agreement we enter into will not address the issue of custody. In other words, the parties cannot simply direct the New York court to assume jurisdiction regarding that custody issue if their child resides outside of New York and has done so for the past six months.
- While a court in New York state has jurisdiction over the divorce, it cannot pass a judgement when it comes to child custody and support.
Getting an Uncontested Divorce Without Agreeing on Custody
Unless you and your spouse have agreed upon all of the significant issues that must be resolved prior to obtaining a divorce, you will not be able to obtain an uncontested divorce without agreeing on custody. This is because an uncontested implies that no contest remains in regard to any issue that needs to be resolved prior to obtaining the divorce. These issues include custody of children, child support, division of assets and debts, and spousal maintenance. Therefore, you cannot obtain a divorce without agreeing on custody.
- It is not possible to get a divorce without agreeing upon custody.
When Your Divorce Will Be Finalized
Some couples are quite eager to move forward with the process of filing for divorce soon after their legal separation. They are ready to move on with their lives. If you and your spouse have an agreement on all the issues that need to be resolved to obtain a divorce, that agreement has to be presented in writing. Because New York State law requires this agreement to follow a specific format, your agreement must be in compliance with the law. A written agreement is especially required if you and your spouse want to obtain an uncontested divorce without papers and without having to go to court.
Following this, your judgment of divorce will be sent to your judge for signature. If he encounters any issues with the judgment, he will send it back to your attorney for corrections. If it does not require any further corrections, it will be signed and sent back to your attorney to be filed. Once your judgment of divorce is filed, you are legally divorced and you may safely say that your divorce has been finalized.
- Your divorce will be finalized after the judge has signed and sent your judgement back to your attorney to be field.
If you are looking for a cheap, uncontested divorce online, choose from the services Jean M. Mahserjian, Esq., PC offers on her Divorce website. These solutions are cheap, convenient and available 24/7.
This educational blog was brought to you by Jean Mahserjian, an experienced Divorce Lawyer in Saratoga County, NY.