What is an uncontested divorce?
When both husband and wife want a divorce and do not have disagreements about finances or child custody/visitations OR your spouse either agrees to the divorce, or fails to appear in the divorce action.
What forms should I fill out for an uncontested divorce in NYS?
All forms are found in the uncontested divorce packet.
For More Info, Visit the www.NYCourts.Gov website.
What is the uncontested divorce packet for?
The uncontested divorce packet is designed so that a person is able to represent themselves, without an attorney, in the divorce.
Should I get lawyer for my divorce?
Yes, although the law does not say you must have a lawyer. There is a lot of information, which is based on a number of forms, that needs to be provided to the Court. Only if your case seems to be easy and you believe it’s an uncontested divorce case is there a possibility that you may be able to represent yourself.
What are the risks of using the uncontested divorce packet to represent myself?
- You will not have the advice and expertise of an attorney on certain issues that stem from the divorce (i.e. division of marital property, liability for joint debts, child custody and support, spousal maintenance, insurance benefits, and orders of protection or enforcement of the provisions of the divorce judgment that deal with these issues) (NYS Unified Court System)
- You may not be aware of certain rights that you’re entitled to that come from your marriage. Thereby, possibly losing these rights. An attorney is aware of these rights.
How long will my uncontested divorce take?
- On average the divorce may take from 6-7 months but can be done in a little as 1-2 months.
Do I have to go to court for my uncontested divorce?
- If the divorce remains uncontested you will not have to go to court at all. However the court may require a brief hearing called an inquest.
- When there is no prior Child Support or Custody Order your spouse is served and fails to respond
- When there is an Order of Protection
- When there has been a history of domestic violence
- If either party is a registered sex offender and children are involved in the divorce
Can I still get a divorce if my spouse refuses to sign the divorce papers?
- Yes you can. This would take about 40 days after your attorney has personally served him/her.
Do I need to serve my spouse the divorce papers?
Not necessarily. I your spouse is willing to cooperate the papers can be served to him/her by your attorney.