Uncontested Divorce is the simplest and most inexpensive way to divorce. An Uncontested Divorce requires that all issues regarding the marriage be resolved by the parties, that there are no disagreements concerning the finances or the children. If there are children, issues of child custody, child visitation, and child support may have already been resolved in Family Court. If there is no property, such as house, cash accounts or retirement accounts, the Uncontested Divorce may be completed within one year.

There are residency requirements for filing an Uncontested Divorce. The requirements state that one party must have been a resident of New York for a period of at least two (2) years prior to the commencement of the action or that one party lived in New York for a period of at least one year PLUS either the parties were married in New York, the parties lived together in New York while married or the actions that gave rise to the divorce occurred in New York.

Legal Grounds for an Uncontested Divorce:

The legal grounds for an Uncontested Divorce are 1) abandonment/constructive abandonment-where the parties lived apart for a period of one year or lived together but not as husband and wife for a period of one year prior; 2) adultery; 3) cruel and inhuman treatement; 4) imprisonment for a period of at least 3 years; 5) legal separation or separation decree for a period of one year prior. There are no grounds for "irreconciliable differences" in New York.

Although an Uncontested Divorce is the simplest and quickest form of divorce, which means no attorney is needed, there are circumstances where an experienced attorney is needed. For instance, if the filing party cannot locate the other spouse, there may be a problem with serving him/her with the divorce papers. Service of the Divorce Complaint is necessary so that he/she has an opportunity to defend the allegations made in the Complaint.

An Uncontested Divorce can be completed in less than one year.

Contact our office to get a free phone consultation.