Uncontested Divorce Lawyer

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!

NY Uncontested Divorce

If you are looking for a lawyer to file an Uncontested Divorce or a No Fault Divorce for you in any County in New York State, you have come to the right place.

You can file an uncontested divorce without ever having to step foot in a Court House so long as you and your spouse can come to an agreement that resolves all of the issues of the marriage.

It can all be done via email, US Mail, or in person if you live in the Western New York (WNY) area near Buffalo.

If you want to pay a fair price for an uncontested divorce and want to get started right away, look no further.

The attorney fees for uncontested divorce vary widely among service providers. Some lawyers charge as much as $2500, and others advertise and claim that they can do it for as little as $250 (they rarely mention the Court costs in their advertisements).

In general, beware of those that claim to charge as little as $250 because their practice or service will generally be organized around an extremely high volume and little time will be spent on each case, and expect the fee to increase if children are involved, or you want a written agreement, or assets or debts are involved, or if there is anything else involved with the case that requires more than minimal effort.

Also keep in mind that the objective is to do this once and resolve all the issues so you don't wind up in Court at a later date on an issue that was not properly addressed in the divorce.


If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or EMAIL consultation or select "How Much Does It Cost" below, and get started on your uncontested divorce now.



1395 Union Road West Seneca, NY 14224

Eligibility

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Uncontested Divorce Eligibility

Are you Eligible to file for Divorce in New York State?

In order to file for an Uncontested divorce in New York State you must meet the residency requirements, have grounds, and an agreement with your spouse, or your spouse does not agree and fails to answer the Complaint and is in Default.

You meet the residency requirements if:

1) You or your spouse has lived in New York State for the last two years and continues to reside in NY; OR

2) You and your spouse live in New York at the time you file for divorce and the grounds for divorce occurred in New York; OR

3) You or your spouse has lived in New York State for the last one year, AND;

  a) You were married in NY, OR;
  b) You lived married together in NY, OR;
  c) The grounds for divorce occurred in NY.

Do You have Grounds to get a divorce?

The bottom line is that most people have grounds to get a divorce when both parties are in agreement that a divorce should take place.

The spouse that brings the action must set forth the grounds for divorce in the papers.

Grounds for divorce in New York State are as follows:

1) Cruel and Inhuman Treatment – Physical and/or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper for a spouse to continue to cohabit with the other spouse.

2) Abandonment – One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations.

3) Three Years Imprisonment - Spouse has been in jail for three consecutive years.

4) Adultery – Third Party Proof Required.

5) Conversion - Have already lived separate and apart for one year pursuant to separation agreement that was duly recorded with the County Clerk or Judicial Order.

6) No Fault - Marrage is Irretrievably Broken.

The most common Ground selected for an uncontested divorce is Cruel and Inhuman Treatment, however, some jurisdictions commonly use Sexual Abandonment. However, the new No Fault Grounds will soon be the most common.

Do You have an Agreement?

Typically most people seeking an uncontested divorce have negotiated a basic agreement with their spouse regarding Custody, Visitation, Child Support, Maintenance and the Division of Marital Assets and Marital Debts.

So long as you have a basic verbal agreement with your spouse you may proceed with the uncontested divorce on this website.

A written agreement will be drafted in a manner that complies with your wishes and New York State Law.

Is your Spouse in Default?

At some point early in the process your Spouse will be served with a Complaint for Divorce. Usually at this point your Spouse will sign the Agreement and a Defendent's Affidavit so that the matter can be placed on the Court Calendar Immediately. If your Spouse does not sign the Agreement your Spouse will have to file an Answer to the Complaint.  If your Spouse fails to Answer you may proceed with the Uncontested Divorce in a Default Posture after 45 days.

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224

FAQ

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Frequently Asked Questions

How Much Does an Uncontested Divorce Cost?

The ATTORNEY FEE for an Uncontested Divorce Costs between $1000.00 and $1500.00 depending on the circumstances.

The FILING FEES usually cost a total of $350.00. Some juridictions charge an additional $45.00 for a motion, and if you need a process server it will cost for the service although this can usually be avoided.

What Payment Methods are Available?

You can pay by Cash, Check, Money Order or Credit/Debit Card

What Do You Get For Your Money?

Generally speaking, so long as your spouse cooperates and signs your proposed agreement, you and your spouse will get your divorce without having to appear in Court and you both will receive a copy of your recorded divorce agreement and a certified copy of the judgment of divorce.

How Long Will It Take?

It depends on the cooperation of your spouse, and the backlog at the courthouse, but, generally speaking the Divorce can be completed in as little as three(3) to eight (8) weeks.

Do I need a Process Server?

No, if your spouse cooperates and excepts service.

Will I have to Go To Court?

No, Uncontested Divorces are done by submitting papers to the Court.

Will I Need To Travel to Your Office?

No, all communications can be done via Email, Telephone, and U.S. Mail.

Who Does The Lawyer Represent?

I represent you, not your spouse. If your spouse needs legal advice, your spouse should consult an attorney of his or her own.

What are the Steps?

1) Pay for the Service (after contacting me to get your quote.)

2) Fill out the Uncontested Divorce Questionnaire (I will send it to you).

3) After I review your Questionnaire I will contact you to discuss the contents of your divorce agreement and/or other papers.

4) I will draft the Summons and Complaint and File them with the Clerk.

5) I will draft all the papers and send the papers to you for review and signatures.

6) You will return the executed documents.

7) I will submit the papers to the Judge for Signature.

8) I will Record the Judgment and other papers with your County Clerk.

9) I will send you and your Spouse Notice of Entry (you will both get certified copies of the Judgment of Divorce).

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224

Child Custody

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Child Custody

What are the various types of Child Custody?

Sole Custody - Sole Custody is when the children primarily reside with one parent and that parent makes all the decisions related to health, education, religion, and welfare of the children.

Joint Custody/Primary Residential Parent - The children primarily reside with one parent but decisions related to health, education, religion, and welfare of the children are decided by both parents together.

Joint Custody - The parents split physical custody and decisions related to health, education, religion, and welfare of the children are decided by both parents together.

To avoid disagreement, it is increasingly more common for parents who choose Joint Custody to agree that one parent makes all decisions about education, and the other parent makes all the decisions about health, (or something similar).

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224

Child Visitation

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Child Visitation

What Type of Visitation Schedule is Right for Us?

The best Visitation Schedule is the one that is appropriate under the circumstances.

If you are looking for a flexible schedule, and the custodial and non-custodial parent are able to get along, you can keep the schedule simple and flexible by agreeing that visitation will take place as the parties agree. The problem with this schedule is that you may wind up in Court again to set a specific schedule because one of the parties refuses to agree.

If the custodial and non-custodial parent are unable to get along, or if the parents would rather have a set schedule to avoid conflict, they may want to set a specific visitation schedule. A common schedule is for the non-custodial parent to have custodial access on alternating weekends from Friday evening through Sunday evening, a weeknight for a few hours every week, alternate major holidays, split the child's winter and spring breaks from school, and each party to receive two to four uninterrupted weeks in the summer, fathers day, and mothers day. The problem with this schedule is the lack of flexibility.

If parents live far apart and regular weekend visitation is not practical, it is common to allocate more summer vacation and school holidays to the non-custodial parent so that the child will spend substantial uninterrupted time with the non-custodial parent.

If the non-custodial parent is unstable, or addicted to alcohol or drugs, or has abused or neglected the children, then you may want to agree that the non-custodial parent have supervised visitation.

In the end, the schedule can be virtually anything that the parties agree, and as flexible as the parties wish.

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224


Spousal Maintenance

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Spousal Maintenance

Should Spousal Maintenance Be Paid in a NY Divorce?

Maintenance is generally awarded to a spouse for the purpose of encouraging economic independence from the other spouse.

The amount and duration of post-divorce maintenance can be calculated using the MAINTENANCE CALCULATOR, however, people that are seeking an uncontested divorce have already decided how much maintenance is to be paid, if any, and are generally allowed by the Court to do so.

What are the Tax implications of Maintenance?

Maintenance is taxable income to the spouse receiving it, and tax deductable to the spouse that pays.

Is an Award of Maintenance Common?

Maintenance is common when there is a significant disparity between the income of the parties. It is less common when each party is capable of self-support, or neither party makes enough money to reasonably make the payment.

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224r

Marital Property

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Marital Property

What Property is Marital Property in a NY Divorce?

Domestic Relations Law defines the term "marital property" to mean all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in an agreement (prenuptial or postnuptial agreement), or that which is Separate Property.

Is a College Degree, or Professional License Marital Property?

In O'Brien v. O'Brien, the New York State Court of Appeals held that a spouse's interest in a profession or professional career potential is marital property subject to equitable distribution if earned during the marriage.

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224


Equitable Distribution

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Equitable Distribution

What is Equitable Distribution in a NY Divorce?

Equitable Distribution is the method that New York State Law uses to distribute marital property upon the dissolution of the marriage. Equitable Distribution basically means what is fair under the circumstances. Equitable Distribution does not mean "equal distribution" but sometimes to avoid conflict marital property is divided equally.

What does the Court look at to determine how to divide Marital Property Equitably?

1) Income of each party at time of marriage, and when the divorce action was brought.

2) Property of each party at time of marriage, and when the divorce action was brought.

3) Length of the marriage.

4) Age and Health of each of the parties.

5) The need for the custodial parent to occupy or own the marital residence.

6) The need for the custodial parent to use or own household goods and furnishings.

7) The loss of inheritance rights upon dissolution of the marriage.

8) The loss of pension rights upon dissolution of the marriage.

9) Whether maintenance will be awarded.

10) The equitable claims to the marital property by each party.

11) The direct or indirect contribution to the acquisition of the marital property by each party including the contribution as a spouse, parent, wage earner and/or homemaker.

12) The direct or indirect contribution of one party to the career or career potential of the other party.

13) Whether the marital property can be liquidated.

14) The probable future financial circumstances of each party.

15) The ability to evaluate the asset or interest in marital property.

16) The desirability of retaining the asset or interest, free from any claim or interference by the other party.

17) The tax consequences to each party.

18) The wasteful dissipation of marital assets by either spouse.

19) Any transfer of marital assets, or encumbrances put on marital assets, by either party prior to the commencement of the matrimonial action.

20) Any other factor which the Court finds to be just and proper.

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224

Client's Rights

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Statement of Client's Rights

1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyers office.

2. You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).

3. You are entitled to your lawyer’s independent professional judgment and undivided loyalty un-compromised by conflicts of interest.

4. You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory.

5. You are entitled to have your questions or concerns addressed in a prompt manner and to have your telephone calls returned promptly.

6. You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaning fully in the development of your matter.

7. You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters).

8. You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.

9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.

10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224

Cost

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Get Started Now: Choose one of the three Payment Options Below.

Select the payment based on whether you have children and/or joint assets or joint debts.

Once Payment has been made I will contact you to gather the data I need to draft the papers.

 A
If you and your spouse: Have ----NO CHILDREN under age 21---AND-- NO JOINT ASSETS OR JOINT DEBTS - each person keeps their own assets, and pays their own debts.

$1350.00-Includes Filing Fees
 B
If you and your spouse: Have ---NO CHILDREN under age 21-------, AND -- DO HAVE ----ONE OR MORE JOINT ASSETS OR JOINT DEBTS- to be divided as agreed.
$1600.00 - Includes filing fees

 C
If you and your spouse: ---HAVE CHILDREN--- together under age 21 (one or more).
$1850.00-Includes Filing Fees

1395 Union Road West Seneca, NY 14224

Child Support

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


Child Support

How much will be paid for Child Support in New York State?

The Child Support payable in New York State can sometimes be difficult to calculate (use my child support calculator), but is usually paid by the non-custodial parent to the custodial parent for the support of the children.

The "Custodial Parent" of a child, is the parent that has the child for a majority of the overnights during the year. It is not based on legal custody or decision-making power. If the parents have an equal number of overnights, the party with the lower income is deemed to be the "custodial parent" see Leonard v Leonard (4th dept),2013 NY Slip Op 04916 [109 AD3d 126], Rubin v Della Salla (1st Dept), 2013 NY Slip Op 02681 [107 AD3d 60].

The amount payable is calculated by using the Child Support Standards Act (CSSA) of the State of New York. The CSSA takes into account the gross incomes of both parents, and the appropriate deductions for the Federal Insurance Contributions Act (FICA). There may also be other deductions besides FICA. The CSSA contemplates the first one-hundred forty-three thousand dollars of combined parental income. Income is based on the most recent income tax return.

The non-custodial parent's annual "basic child support obligation" is generally calculated by multiplying the non-custodial parent's "percentage of combined gross income", by the combined gross incomes of the parents, less: the non-cusodial parent's annual payment to FICA (usually .0765 of gross income), and/or SECA (self-employment multiplied by the appropriate "child support percentage".

A parent's "percentage of combined gross income" is equal to the parent's gross income, divided by the combined gross incomes of both parents.

The "child support percentage" is as follows:

a) 17% for one child
b) 25% for two children
c) 29% for three children
d) 31% for four children, and
e) no less than 35% for five or more children.

Once you get the figure for the annual payment, divide by twelve for a monthly payment, divide by twenty-six for a bi-weekly payment, or divide by fifty-two for a weekly payment.

Child support stops when a child reaches the age of 21 or is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college.

What Other Child Support Gets Paid?

In addition to the payment of the "basic child support" obligation, typically one parent will be responsible for providing healthcare insurance for the children.

Usually each parent will be responsible for paying a pro-rata share of the uninsured medical and dental costs.

Usually each parent will pay a pro-rata share of the childcare expenses incurred while the custodial parent is working or attending school.

The pro-rata share is equal to the parent's percentage of combined gross income.

In addition, the non-custodial parent may also agree to purchase a life insurance policy on his or her life, naming the custodial parent or the children as irrevocable beneficiaries, to secure future child support payments.

Can the Parents Agree to pay More or Less than the Payment Required by the CSSA?

The parents are free to Opt Out of the CSSA, but any agreement must set forth the amount that is supposed to be paid pursuant to the CSSA, and the reasons for deviating from the formula.

If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224

Calculator

Stephen K. Underwood

Attorney at Law

716-656-7676

Call Stephen K. Underwood Email Stephen K. Underwood
Call Now!         Email Now!


NY Child Support Calculator

INCOME
Custodial Parent Non-Custodial Parent
Total Annual Gross Income of each Parent, from Wages:
Total Annual Gross Income from Self -Employment
Total Annual Other Income: Include all income including Social Security, Veterans, Pensions, and SSD (but not Supplimental Security Income and Public Assistance).
Total Annual Income from Maintenance Paid By Other Party
DEDUCTIONS    
Total Annual Ammount of Maintenance Paid to Other Party
Total Annual NYC or Yonkers Taxes Paid
FICA and SECA (Calculated Automatically)    
Number of Children:
 

This NY Child Support Calculator is designed to give accurate results for parents that earn W-2 Wages, Self-Employment income, other income, and maintenance income from the other party, less deductions for FICA, SECA, Local Taxes, and Maintenance Paid to Other Party.

FICA, and SECA, is calculated automatically and caps social security withholding at the maximum threshold of $118,500 (2016).

This calculator DOES make adjustments for combined incomes exceeding $143,000.00, capping support at that level.

The "Custodial Parent" of a child, is the parent that has the child for a majority of the overnights during the year. It is not based on legal custody or decision-making power. If the parents have an equal number of overnights, the party with the lower income is deemed to be the "custodial parent" see Leonard v Leonard (4th dept),2013 NY Slip Op 04916 [109 AD3d 126], Rubin v Della Salla (1st Dept), 2013 NY Slip Op 02681 [107 AD3d 60].

The purpose of this NY Child Support Calculator is for information only. This NY Child Support Calculator is based on statutory guidelines, but the Court has the final authority to determine the amount of child support awarded.

The numbers provided are only estimates and are not a guarantee of the amount of child support that will be awarded. Other factors may affect the amount of child support awarded. Consult an Attorney for more detailed information.

In addition to this basic child support obligation, both parents may be required to pay their pro-rata share of the children's medical insurance coverage, uninsured medical costs, and child care costs (required to enable the custodial parent to work or attend college or vocational training).

The calculations are based on:

2016 FICA = 7.65% - Max Threshold $118,500
2016 SECA = 15.3% of 92.35% of Gross Self-Employment Income - Max Threshold $118,500.
2016 Self-Support Reserve = 135% of $11,880.00 (2016 HHS Poverty Level Figure for Single Person Family).

The Source for the FICA Information is here.

The Child Support Percentages Are:

One Child = 17%
Two Children = 25%
Three Children = 29%
Four Children = 31%
Five or More = 35%


If you are seeking an Uncontested Divorce and are searching for an experienced Divorce Attorney, look no further and contact me above by getting your FREE phone or email consultation.

1395 Union Road West Seneca, NY 14224