Facing the end of a marriage is never easy. Sometimes, it’s like ripping off a band-aid – the quickest path offers the least pain and much-needed relief. There is little advantage in prolonging an already painful experience. If you and your spouse agree on major issues, an uncontested divorce might be the closest to that swift, decisive action.
What is an uncontested divorce?
Uncontested divorce means you and your spouse agree on all essential matters about the divorce. This includes issues like:
- Property or asset division
- Child custody
- Spousal support or alimony
Uncontested divorce is usually faster, less stressful and more cost-effective. Instead of dragging out for months or years, an uncontested divorce usually moves through the court system in a couple of months.
Eligibility for uncontested divorce
To file for an uncontested divorce in New York, you first need to meet specific criteria:
- Mutual agreement: Both parties must agree on all divorce terms. Moreover, you need to have all necessary agreements on paper and all forms filed with the court.
- Residency: At least one spouse has lived in New York for at least two years before filing. If you have only been living in New York for a year, you may still meet residency requirements if you are married in the state.
- Grounds: New York allows “no-fault” divorce. You can cite “irretrievable breakdown” as a legally acceptable reason.
- Breakdown of marriage: Legal separation is optional, but you must show proof that your marriage has ended for at least six months.
- Age: You and your spouse are older than 18 years old.
- No minor children: You and your spouse have no children under 21 years old.
Protecting your rights and interests
If you qualify for an uncontested divorce, it can make your life much easier. Remember, though, it requires open communication and cooperation between spouses.
Moreover, even in amicable separations, professional legal insight is beneficial. An experienced attorney can provide crucial guidance on complex issues like spousal support arrangements and fair asset division. They can ensure your rights remain protected when drafting your divorce agreement.
At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.
Let Me Be Your Brave
Mia Poppe, Esq.
Managing Partner