NEW YORK UNCONTESTED DIVORCE
FREQUENTLY ASKED QUESTIONS
Q. What is an uncontested divorce?
A. An uncontested divorce is a quick and inexpensive way to end a marriage without a lengthy and
expensive court battle. With an uncontested divorce the parties usually do not need to appear in
court and all of the issues regarding the divorce as resolved on paper by way of agreement.
Q. Do I qualify for a New York uncontested divorce?
A. In order to qualify for a New York uncontested divorce you must meet the following criteria:
- You must meet the New York State residency requirements
- Both you and your spouse must agree on the grounds for the divorce
- You and your spouse must agree on the division of your assets, including money, property, automobiles, etc.
- You and your spouse must agree on the division of the marital debt
- You and your spouse must agree on whether spousal maintenance will be paid and how much
- You and your spouse must agree on custody and visitation regarding the minor children, if any
- You and your spouse must agree on the amount of child support that will be paid
Even if you do not meet all of the requirements above, an uncontested divorce may still be possible.
Q. What if I do not know where my spouse is?
A. If you do not know where your spouse is, an uncontested divorce may still be possible. At Perez & Cedeno, P.C. we will conduct a thorough search for your spouse, and if we cannot find him or her, there are other options available for obtaining a divorce without your spouse's consent.
Q. What if my spouse refuses to sign the documents?
A. If your spouse refuses to sign the divorce documents, not to worry. We will get our process server to personally serve your spouse with the divorce summons and complaint, giving you the opportunity to obtain an uncontested divorce without your spouse's signature. However, bear in mind that if service of process becomes necessary your divorce will be delayed by a minimum of 45 days.
Q. Will I need to go to court for my uncontested divorce?
A. Probably not. New York uncontested divorces are usually handled outside of court. There is usually no need for parties of an uncontested divorce to appear in court, unless the judge handling the divorces has specific questions to ask the parties in cases where there has been a history of domestic violence or orders of protection have been imposed.
Contact a New York uncontested divorce lawyer at Perez & Cedeno, P.C. today to get the process started.
Call us at 646-461-6648.
Serving Manhattan, Queens, Brooklyn, Bronx, Staten Island, Nassau County, Suffolk County, Westchester County, Rockland County and Orange County.