The life you envisioned with your spouse has not exactly come to fruition. Now, you are contemplating ending your marriage. Although divorcing is a harsh reality, it does not necessarily need to be an unpleasant one. Your parting of the ways can be an amicable one if you were to file for an uncontested divorce.
An uncontested divorce occurs when you and your spouse are in agreement on all aspects pertaining to your parting of the ways. This means that your separation does not require arbitration from a court because decisions have already been made, and steps have already been taken to execute an expeditious resolution to your marriage.
Before starting proceedings for an uncontested divorce in the state of New York, certain issues must have already been resolved. This means that both you and your spouse must be in agreement on the following matters:
• The fact that a divorce is warranted;
• The reasons for the divorce;
• The equitable distribution of marital property;
• Possession of the child and visitation times;
• Child support;
• Alimony, if required.
In New York, the only grounds for an uncontested divorce is a no-fault divorce. New York did not add this as a reason for divorce until 2010. A no-fault divorce can be granted on the ground of irretrievable breakdown. This means that the relationship between you and your spouse has permanently failed, and it has been this way for at least six months.
It would really be in your interest to hire an attorney for your uncontested divorce. Although this type of divorce is easy and quick, you still need an authoritative individual who can guide you through the proceedings. An attorney will make certain that the necessary paperwork is filed correctly and on-time. He will also make certain that you and your spouse remain on the same page regarding all matters. And, if everything remains the same, then you, nor your spouse, would be required to appear in court.
Plus, this same attorney can explain to you the fact that certain residency requirements must be met prior to initiating proceedings for an uncontested divorce in New York. These requirements include the following:
• Continuous residence has been established in New York by either party for at least two years prior to initiation of the divorce;
• Continuous residence has been established in New York by either party for at least one year prior to initiation of the divorce and
o the parties were married in New York; or
o the parties lived as a married couple in New York; or
o the grounds for divorce occurred in New York
• Residence already exists in New York for both parties on the same day as initiation of the divorce and the grounds for divorce occurred in New York.
Because this is an important event in your life, you, quite naturally, may have questions. And, an attorney will have the answers. How soon can an uncontested divorce be finalized? Because each case is different, it just depends. Since court appearances have been eliminated, an uncontested divorce occurs much faster than a contested one. With that being said, divorce proceedings could take approximately six to eight weeks, if all goes well. If not, then an uncontested divorce could take three months or longer. Proper and timely filing of the paperwork and the court’s agenda factor into the divorce proceedings.
What happens if my spouse refuses to sign the divorce papers? In all likelihood, your uncontested divorce will occur by default. Once the divorce papers have been filed, your spouse must respond. If your spouse does not respond in an appropriate manner, then such an action would constitute a default. At this point, a 40-day waiting period will ensue. Once the waiting period has elapsed, your spouse’s right to participate in the divorce has been forfeited. And, at this point, you can make a motion to settle your uncontested divorce due to default.
It is just feasible for both you and your spouse to seek advice from an uncontested divorce lawyer in Manhattan. Although, typically, uncontested divorces finalize without any complications, you still need to confirm that the paperwork is completed correctly and aptly filed with the court. One mistake could place your uncontested divorce in jeopardy.