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New York Uncontested Divorce Frequently Asked Questions

FAQ | NY Uncontested Divorce | NY No Fault Divorce

An uncontested divorce is a legal dissolution of marriage in which both parties agree to all of the terms and conditions of the divorce, including the division of assets, property, and debts, spousal support, child custody, visitation, and child support. In an uncontested divorce, the parties typically file an agreement with the court, along with other required documents, and the court approves the divorce without the need for a trial or hearing.

In an uncontested divorce, both parties work together to reach a settlement agreement without involving the court or a judge. This can help to reduce the cost and time associated with the divorce process, as well as minimize the emotional toll that the process can take on both parties and any children involved.

It is important to note that even though an uncontested divorce is typically less contentious than a contested divorce, it is still a legal process that requires careful consideration and attention to detail. It is always advisable to seek the advice and guidance of an experienced uncontested divorce attorney to ensure that your rights and interests are protected throughout the process.

  • Divorces with NO children under the age of 21, and each party keeps their own property and pays own debts are $1000.00, plus the filing fees of $350.00.
  • Divorces with NO children under the age of 21, but the parties need to divide property and/or debts, are $1250.00, plus the filing fees of $350.00.
  • Divorces with children under the age of 21, and each party keeps their own property and pays own debts are $1350.00, plus the filing fees of $350.00.
  • Divorces with children under the age of 21, but the parties need to divide property and/or debts, are $1500.00, plus the filing fees of $350.00.
  • If one party, has agreed to transfer his or her interest in the marital residence located in New York State to the other party, I can draft the deed paperwork and record the deed for an additional $300.00, plus the filing fees (usually about $200.00).
  • If a QDRO needs to be prepared to transfer an interest in a retirement account, I may be able to help you with this for an additional fee depending on the circumstances.
  • Division of Assets and Property: The couple must agree on how to divide all their assets and property acquired during the marriage, including real estate, bank accounts, investments, and personal property.
  • Division of Debts: They must also agree on how to divide any debts acquired during the marriage, such as mortgages, credit card debt, and car loans.
  • Spousal Support: If one spouse is entitled to receive spousal support or alimony, the couple must agree on the amount and duration of payments.
  • Child Custody: If the couple has children, they must agree on a custody arrangement, including physical custody (where the children will live) and legal custody (who will make important decisions for the children).
  • Visitation Schedule: They must also agree on a visitation schedule for the non-custodial parent.
  • Child Support: The couple must agree on the amount of child support payments that the non-custodial parent will pay to the custodial parent to cover the costs of raising the children.

The divorce may become contested, but it is better to resolve the unresolved issues with a compromise. Uncontested divorce requires both parties to work together to reach a agreement on the difficult issues by using a give and take process.

A contested divorce must be filed when the parties are unable to agree on one or more issues related to their divorce. Some common issues that may lead to a contested divorce include division of property, child custody, child support, spousal support, and grounds for divorce. A Judge will need to make the final decisions after a lengthy discovery and litigation process, if the issues are not worked out.

  • Cost-effective: An uncontested divorce can be less expensive than a contested divorce because it typically involves less time and fewer legal fees. This is because the parties are in agreement on most of the issues and do not require court intervention to resolve disputes.
  • Less stressful: Divorce can be a stressful and emotional process, but an uncontested divorce can be less so because the parties have agreed on most of the issues and there is less conflict and animosity.
  • Quicker resolution: An uncontested divorce can be resolved more quickly than a contested divorce because there is no need for a trial or lengthy negotiations. Once the required paperwork is submitted to the court and approved, the divorce can be finalized relatively quickly.
  • Greater control: In an uncontested divorce, the parties have greater control over the outcome because they are able to negotiate and agree on the terms of the divorce themselves. This can result in a more customized and mutually agreeable divorce settlement.
  • Private: An uncontested divorce can be a more private process because there is no need for court appearances or public hearings. This can be especially beneficial for parties who value their privacy.

Yes, prenuptial and postnuptial agreements can make it easier to come to an agreement in an uncontested divorce. These agreements are legal contracts that outline how assets and liabilities will be divided in the event of divorce, and can be used to resolve many of the issues that typically arise in a divorce settlement.

When a couple has a prenuptial or postnuptial agreement in place, they have already agreed on the terms of the divorce, including property division, spousal support, and other important issues. This can help to simplify the divorce process and make it more straightforward, reducing the need for negotiations and court intervention.

  • Make Your Payment online or call 716-656-7676, or contact me for other payment methods.
  • Fill out and Submit the Secure Online Uncontested Divorce Questionnaire. You will be redirected to the Questionnaire after the online payment is made, or you will be sent the link or a copy of an offline form if you prefer.
  • After I review your Questionnaire I will contact you to discuss the terms of your divorce if they are unclear to me, or you may contact me to discuss the terms if you need help with them.
  • I will draft the Summons and Complaint and File them with the Clerk.
  • I will then draft the Divorce Agreement and the Defendant's Affidavit, and send them to you for review.
  • Once the agreement is signed by both of you, and the defendant's affidavit is signed by your spouse, you will return them to me, and I will send you some other papers that just you have to sign.
  • You will return the signed documents.
  • I will submit the papers to the Judge for Signature.
  • I will Record the Judgment and other papers with the County Clerk after the judge signs them.
  • I will send you, and your spouse, Notice of Entry, and you will both will receive a Certified Copy of the Judgment of Divorce, and a Date Stamped Copy of your Divorce Agreement.

No, there are no hearings, the Court reviews the documents submitted, and no Court appearances are necessary.

It depends on the cooperation of your spouse, and the backlog at the courthouse, but, generally speaking the Divorce can be completed in a couple of months or even sooner. Divorce is a process however, and the time it takes depends on a lot of things.

No, if your spouse cooperates.

No, So long as you and your spouse agree on the terms of the divorce you will not need to go to Court. This is one of the benefits of Uncontested Divorce.

Not unless you want to, I know people are busy, and all communications can be done via Email, Telephone, and U.S. Mail if you prefer.

You can pay online with a Debit Card, Visa, Mastercard, Discover, and American Express. You can also pay with Cash, Personal Checks, Money Orders, Certified Bank Checks, or by PayPal Invoice upon request.

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