Published: Oct 21, 2018 | Updated: Feb 8, 2023 |
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Divorce is never an easy process, but when there are children involved, the stakes are even higher. The well-being of your child is at the forefront of your mind, and you want to make sure that the process is as smooth and painless as possible. An uncontested divorce with child in New York can help you achieve that goal.
An uncontested divorce with child in New York is a divorce where both parties have agreed on all issues related to the divorce, including spousal maintenance (alimony) custody, child support, visitation and distribution of property. This means that there is no need for a trial or a protracted legal battle. Instead, the parties can work together to reach a mutually beneficial agreement.
To file for an uncontested divorce with child in New York, there are a few things that you need to know. First, you must meet the residency requirements. There are three ways to meet the requirements: 1) One of the parties must have lived in New York State for the last two years and continues to reside in New York, 2) Both parties are currently living in New York at the time the divorce is filed and the grounds for divorce occurred in New York, 3) One party has lived in New York State for the last one year and continues to reside in New York, AND a) The two of you were married in New York, or b) The two of you lived in New York during your marriage, or c) the grounds for divorce occurred in NY. The residency requirements are important to keep in mind, because it can affect the timeline of your divorce.
Once the residency requirements are met, the next step is to purchase an index number ($210.00) and file a Summons and Complaint. These are the documents that initiate the divorce action and must be filed with the Clerk of the Supreme Court. The Summons and Complaint must then be personally served on the other party. Typically the defendant will admit service by signing an Affidavit of Defendant after being served with the Summons and Complaint.
Once the Affidavit of Defendant is signed, the parties must make a written agreement, outlining the terms of the divorce, including maintenance (alimony), custody, child support, visitation, and distribution of property. The agreement must be signed by both parties and acknowledged before a notary public in the same manner that a deed is recorded.
After the defendant's affidavit and agreement are signed, the plaintiff must prepare and sign many more documents (about 15 other documents) in preparation for submission to the judge. One important document is the Request for Judicial Intervention (RJI). The RJI gets the case before a judge for review. The judge or referee will review the papers submitted confirming the agreement is fair and reasonable, and that the best interests of the child are being considered. If the judge is satisfied that the agreement is fair and reasonable and in the best interests of the child, he or she will sign the Judgment of Divorce, ending the marriage.
It is important to note that this is a general overview of the process for an uncontested divorce with child in New York. Every case is unique and may require additional steps or documentation. An uncontested divorce with child in New York can be a quick and efficient way to end your marriage. It allows you to work together with your spouse to reach an agreement that is in the best interests of your child. However, it is important to keep in mind that the process can be complex, and it is best to seek the advice of an attorney to ensure that all steps are taken correctly.
In the end, the most important thing is to keep your child's well-being in mind throughout the process, and make sure the agreement reflects this objective.