Published: Oct 21, 2018 | Updated: Feb 8, 2023 |
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An uncontested divorce online is a type of divorce where both parties agree on all the terms of the divorce. In New York, an uncontested divorce can be done online. Before considering an uncontested divorce online in New York you must make sure that both parties are in agreement on all the terms of the divorce. This means that both parties must have come to a mutual agreement on the division of assets and liabilities, child custody and support, and alimony. If there are any disputes on these issues, then the divorce cannot be considered uncontested and will need to be resolved in court by making Court Appearances.
Assuming both parties have agreed on the terms of the divorce, the next step is to decide how to proceed. There are two ways this can be done:
The first way, and recommended way, is for one party to hire an uncontested divorce attorney to do the divorce online (you are currently on a site that provides that service).The attorney will gather the needed information from one party (by online questionnaire) and draft an agreement that resolves all of the issues of the marriage, along with the rest of the paperwork necessary to complete the uncontested divorce process. The attorney also files the divorce action because it is part of the uncontested divorce service. Keep in mind, the attorney doing the work is ethically required to represent only the party that hired him or her to do the work, but because the parties have agreed on the terms the other party generally is fine with that because the job is being done correctly. If the unrepresented party likes, they are free to consult with their own attorney to confirm the agreement is fair before signing it.
The second way, is a DIY process. You may either download the free forms from the court website and fill them out yourself, or use a form service. Both ways require you to file all the paperwork yourself. Keep in mind that the free court forms do not provide a divorce agreement in the downloaded forms (I dont believe the form service does either). The divorce agreement is the most important document because it resolves all the issues of the marriage and prevents either party from reopening the divorce to resolve unresolved issues that may have been unforeseeable at the time. If you have children or have property or debts that need to be divided, this method should not be used.
In conclusion, an uncontested divorce in New York can be done online with one of these two methods, but the first way is the process I recommend. Sure it costs more in the present, but it may cost thousands of dollars in the future, if you both need to hire attorneys to reopen a divorce to resolve an unresolved issue that you are fighting over.