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Is an Uncontested Divorce in New York the Best Option for You?

Divorce can be difficult. While it’s likely that divorce may not have been not the outcome that you wished for, it’s important to remember that not all divorces are contentious and bitter.

If you and your spouse have decided to divorce, you may be able to save a lot of time, expense, worry, and frustration if you and your former spouse can agree to an uncontested divorce in New York. This post will explain what an uncontested divorce is and some facts about the process.

What is an Uncontested Divorce?

An uncontested divorce is a legal proceeding in which both parties agree on all major issues related to their separation without needing the court to intervene and make the decisions. It is often an amiable divorce, less expensive, and typically allows for a quicker process.

This generally means that both parties have reached agreements about:

  • the grounds for divorce.
  • property division.
  • debt or asset division.
  • custody and child support arrangements; and
  • alimony payments.

The state of New York allows for “no-fault” divorce, which means neither party needs to prove that their spouse did anything wrong for the marriage to be considered irretrievably broken.

What Happens If One Spouse Neglects to Sign the Divorce Papers?

If divorce papers are served and your spouse does not respond, they will be considered in default after 40 days. At this point, the spouse who has been issued divorce papers will lose the chance to engage in the divorce proceeding, and the petitioning spouse can file a motion to have the uncontested divorce granted by default.

Will You Need to Go to Court for an Uncontested Divorce?

One significant advantage of filing for an uncontested divorce is that you can usually avoid going to court. You can submit the divorce papers to the court, and then you will not need to appear. The exception is if the other party eventually contests the divorce. In such cases, you might have to attend a hearing before a judge.

Uncontested Divorce: Is an Attorney Needed In New York?

It is encouraged that both parties get guidance from a New York uncontested divorce attorney to avoid common mishaps. For instance, if one party does not understand the terms of their agreement or forgets to sign the necessary paperwork, these errors could cause problems down the road.

On the other hand, a New York uncontested divorce attorney can help you draft the necessary paperwork, review your documents and make suggestions for a beneficial outcome.

Contact an Experienced New York Uncontested Divorce Attorney

At Danziger Legal PLLC, our office has handled many uncontested divorce petitions on behalf of our clients. Depending on your circumstances, we may be able to help you achieve a fast and affordable uncontested divorce. Please contact us at (866) 989-4181 or fill out our contact form to explore your options.

We serve Rye Brook, Port Chester, New York City, White Plains, Yonkers, and surrounding New York communities.

Elliot Danziger, Esq.

Elliot Danziger is the owner and founder of the law firm
of Danziger Legal PLLC. Elliot specializes in real estate
transactions and divorce and family law...Read More

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