Uncontested Divorce is a process where the parties agree on the terms of the divorce and have no desire to appear in Court and fight over the details of the division of marital property and the issues related to their children, simplifying the entire divorce process.
No-Fault Divorce is a divorce where the parties are in agreement that the grounds for the divorce are due to the fact that the relationship of the parties has become irretrievably broken. The law requires that the parties have an agreement on the terms of the divorce before no-fault grounds may be used.
A divorce agreement is a document that resolves all of the issues of the marriage including, division of marital property, maintenance, child custody, visitation, and child support. A divorce agreement is included in every uncontested divorce that we process for obvious reasons.
In order to facilitate your divorce agreement with your spouse, the following are links to the easy to use NYS Child Support Calculator and the NYS Maintenance Calculator. I have been told by clients and fellow attorneys alike that these are the best calculators available on the internet today.
We serve the entire State of New York, and all the Counties of New York State. In fact often times people use our service because Erie County processes divorces faster than most of the other counties in New York State. So long as the parties agree on having Erie County as the venue, your divorce can processed faster than the county where you or your spouse resides. Some Counties have uncontested divorce processing times as long as six months, to a year.
After paying for the service, you will be sent a link to a secure online questionnaire where you can provide the data I need to draft the divorce agreement and other papers required by the Court. I will then draft the initial papers and file them with the Court to start the process. Shortly thereafter I will send you a copy of the proposed agreement that will be signed by you and your spouse. Once the divorce agreement is signed there will be additional papers that just you will have to sign before the papers can be submitted to the court for processing. Once the papers are processed through the court they will be recorded with the clerk and you and your spouse will receive a certified copy of the Judgment of Divorce, and a date stamped copy of your agreement indicating that it has been recorded with the clerk. At this point you will be divorced.
It generally takes a couple of months but it depends on the cooperation of your spouse, and the backlog at the courthouse. Uncontested Divorce is a process and the time it takes varies.